[Amended 4-4-1977 by Ord.
No. 77-4; 12-5-1977 by Ord. No. 77-24]
A.
All final subdivision and site plan approvals shall be conditioned upon the developer's either having installed all improvements required or having furnished a performance guaranty in accordance with § 540-65 of this article for any of the following on-tract improvements not yet installed:
(1)
Streets.
(2)
Grading.
(3)
Pavement.
(4)
Gutters.
(5)
Curbs.
(6)
Sidewalks.
(7)
Streetlighting.
(8)
Shade trees.
(9)
Surveyors' monuments, as shown in the final map and required by the
N.J.S.A. 46:26B-1 et seq.
(10)
Water mains.
(11)
Culverts.
(12)
Storm sewers, sanitary sewers or other means of sewage disposal.
(13)
Drainage structures.
(14)
Erosion control and sedimentation control devices.
(15)
Public improvements of open spaces.
(17)
Sewers in accordance with the following requirements:
(a)
Plan and profile of sanitary sewers.
[1]
Plan shall be drawn at a scale of one inch equals 50 feet.
[2]
Profiles shall be drawn at a scale of one inch equals 50 feet
horizontally and one inch equals five feet vertically.
[3]
Construction details shall be shown at a larger scale as may
be required for clarity.
[4]
Plans shall be complete and show all existing and proposed property
lines, buildings, structures, utilities, geographical features, street
grades, rights-of-way, cellar and soil pipe elevations and details
of proposed sewer construction.
[5]
All elevations shall be based upon mean sea level as established
by the New Jersey Geodetic Control Survey bench marks.
[6]
Plans and profiles shall be clearly shown on sheets not exceeding
24 inches by 36 inches in dimension.
[7]
Profiles shall show rate of grade of sewers between manholes,
elevations of invert and top of manholes and station of manholes.
[8]
Said plans and profiles shall be prepared by a professional
engineer licensed to practice in the State of New Jersey.
(b)
Design and calculations report. Report prepared by a professional
engineer licensed to practice in the State of New Jersey shall include
the following:
[1]
Design data and calculations of proposed sewers.
[2]
Drainage area map indicating the entire drainage area to be
served presently and ultimately by the proposed sewers, drawn to a
scale of one inch equals 200 feet, except where the area cannot be
drawn on one sheet, then the scale shall be one inch equals 500 feet.
[3]
Flow quantities from the entire drainage area.
[4]
Structural computations and load for all pipes.
[5]
Design computations for all special structures.
[6]
Where information pertinent to the design, such as borings,
has been collected or is required, it shall be submitted with the
report.
(c)
Pipe specifications.
[1]
Sanitary sewer mains.
[a]
The pipe shall be vitrified clay pipe, minimum
Class 3300, or approved equal substituted with the written consent
of the Planning Board.
[2]
House connections.
[a]
The pipe shall be extra heavy-duty six-inch cast-iron
bituminous coated with hot-poured lead joints or neoprene gaskets
from the main sewer invert to the curb.
[b]
House connections shall be installed from the main
sewer invert to three feet behind the curb. Pipe shall be extra heavy-duty
four-inch cast-iron bituminous coated.
[c]
The minimum slope shall be 1/4 inch per foot.
[d]
Watertight plugs or caps shall be furnished at
all dead ends.
(d)
Construction and installation.
[2]
Sanitary house connections shall be installed for vacant land in accordance with Chapter 580, Zoning, or as directed by the Municipal Engineer.
[3]
The construction and installation of sanitary sewer facilities
shall be subject to inspection and approval by the Municipal Engineer,
who shall be notified by the developer at least five days prior to
start of construction. No underground sewer installation shall be
covered until inspected and approved.
(e)
Exfiltration and infiltration tests.
(f)
As-built data.
[1]
Drawings shall be submitted to the Township showing final location
and elevations of all installations, including all house connections.
The house connections shall be located 10 feet inside the curbline
and referenced to a permanent marker.
[2]
The as-built plan shall be prepared by a professional engineer
licensed to practice in the State of New Jersey.
[3]
The house connections shall be marked by an S-cut of 2 1/2
inches marked on the face of the curb or by well-marked stakes if
curb does not exist. Upon installation of curb, the location of the
connection will be marked on the face of the curb.
[4]
The developer shall submit an original tracing of the as-built
plan to the Township so that copies may be reproduced therefrom and
added to the Township as-built sewer plans for the area involved.
B.
The engineering specifications for any or all of the work to be done
or installations to be performed shall be as set forth by the Municipal
Engineer and approved by the Planning Board.
C.
All of the above improvements [Subsection A(1) through (17)] shall be subject to inspection and approval by the Municipal Engineer, who shall be notified by the developer at least five hours prior to the start of construction. No underground installation shall be covered until inspected and approved.
[Amended 4-3-2023 by Ord. No. 23-04]
A.
Before filing of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit, or as otherwise authorized by law, the Township may require, and shall accept in accordance with the standards adopted by this section, and regulations adopted pursuant to N.J.S.A. 40:55D-53a for the purpose of assuring the installation of certain improvements, the furnishing of a performance guarantee in accordance with this § 540-65.
(1)
The developer shall furnish a performance guarantee in favor of the
Township in an amount not to exceed 120% (of which 10% shall be in
cash) of the cost of installation of 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 Municipal Engineer, according
to the method of calculation set forth in 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, street lighting, street
trees, surveyor's monuments, as shown on the final map and required
by the Map Filing Law (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 referenced improvements. The Municipal 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 obliger.
(2)
The Township may also require a performance guarantee to include,
within an approved phase or section of a development, privately owned
perimeter buffer landscaping, as required by ordinance or imposed
as a condition of approval. At the developer's option, a separate
performance guarantee may be posted for the privately owned perimeter
buffer landscaping.
(3)
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 Township in an amount equal to 120% (of which 10% shall be in cash) of the cost of installation of 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 § 540-65, 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 Municipal Engineer. The temporary certificate of occupancy guarantee shall be released by the Zoning Officer or Municipal Engineer 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.
(4)
Safety and stabilization guarantee.
(a)
A developer shall furnish to the Township a safety and stabilization
guarantee, in favor of the Township. 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 the provision
of written notice by 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.
(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: $5,000 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. 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,
or 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.
B.
For any successor developer, as a condition to the approval of a permit update under the State Uniform Construction Code, for the purpose of updating the name and address of the owner of property on a construction permit, the Township Council shall accept, in accordance with the standards adopted by this section for the purpose of assuring the installation of certain improvements, the furnishing of a performance guarantee in accordance with Subsection A(1) of this section. Any successor developer shall also furnish all other guarantees authorized by this§ 540-65.
C.
The Township shall accept the standardized form for a performance
guarantee or letter of credit adopted by regulation by the Department
of Community Affairs pursuant to N.J.S.A 40:55D-53a.
[Amended 3-17-1980 by Ord. No. 80-4]
The time allowed for installation of the improvements for which
the performance guaranty 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 guaranty shall be increased
or reduced, as the case may be, to an amount not to exceed 120% of
the cost of the installation as determined as of the time of the passage
of the resolution.
If the required improvements are not completed or corrected
in accordance with the performance guaranty, the obligor and surety,
if any, shall be liable thereon to the Township of Washington for
the reasonable cost of the improvements not completed or corrected
and the Township of Washington will, either prior to or after the
receipt of the proceeds thereof, complete such improvements.
[Amended 3-17-1980 by Ord. No. 80-4]
Upon substantial completion of all required appurtenant utility
improvements and the connection of same to the public system, the
obligor may notify the Township Council in writing, by certified mail
addressed in care of the Township Clerk, of the completion or substantial
completion of improvements and shall send a copy thereof to the Municipal
Engineer. Thereupon the Municipal Engineer shall inspect all improvements
of which such notice has been given and shall file a detailed report
in writing with the governing body, indicating either approval, partial
approval or rejection of such improvements, with a statement of reasons
for any rejection. The cost of the improvements as approved or rejected
shall be set forth.
[Amended 3-17-1980 by Ord. No. 80-4]
The Township Council shall either approve, partially approve
or reject the improvements on the basis of the report of the Municipal
Engineer and shall notify the obligor in writing, by certified mail,
of the contents of said report and the action of said approving authority
with relation thereto not later than 65 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 its performance guaranty, except for that portion
adequately sufficient to secure provision of the improvements not
yet approved; provided that 30% of the amount of the performance guaranty
posted may be retained to ensure completion of all improvements. Failure
of the Township Council to send or provide such notification to the
obligor within 65 days shall be deemed to constitute approval of the
improvements and the obligor and surety, if any, shall be released
from all liability pursuant to such performance guaranty for such
improvements.
If any portion of the required improvements are rejected, the
Township Council may require the obligor to complete such improvements,
and upon completion the same procedure of notification as set forth
above in this article shall be followed.
Nothing herein, however, shall be construed to limit the right
of the obligor to contest by legal proceedings any determination of
the Township Council or the Municipal Engineer.
[Amended 3-17-1980 by Ord. No. 80-4]
The obligor shall reimburse the municipality for all reasonable
inspection fees paid to the Municipal Engineer for the foregoing inspection
of improvements; provided that the municipality may require of the
developer a deposit for all or a portion of the reasonably anticipated
fees to be paid to the Municipal Engineer for such inspection.
After final acceptance of the improvement, the developer shall
post with the Township Council a maintenance guaranty in an amount
not to exceed 15% of the cost of the improvement and for a period
not to exceed two years. In the event that other governmental agencies
or public utilities automatically will own the utilities installed
or the improvements are governed by a performance or maintenance guaranty
to another governmental agency, no performance or maintenance guaranty,
as the case may be, shall be required by the Township of Washington
for such utilities. The maintenance guaranty required shall be in
the form of a bond or guaranty issued by a bonding or surety company
approved by the Township Council. It shall be approved by the Municipal
Attorney as to form, sufficiency and execution and shall be deposited
with the Municipal Clerk.
[Amended 9-4-1984 by Ord.
No. 84-13; at time of adoption of Code (see Ch.
1, General Provisions, Art. II)]
After preliminary approval and prior to final approval, a developer's
agreement shall be entered into between the developer and the Township
of Washington. The said agreement shall specifically detail all terms
of public improvements to be performed, the amounts of guaranties
to be furnished and all other items as agreed upon and stipulated
between the developer and the Planning Board of the Township of Washington.
Said agreement shall be prepared by the Township Attorney, who shall
bill the developer for reasonable attorney's fees in connection therewith.
The developer shall pay such fees directly to the Township Attorney.
Said agreement shall allow for the period of up to two years from
the date of final approval for the developer to complete the aforesaid
improvements. The Planning Board may extend the aforesaid two-year
period for up to one year for each extension, but such extensions
shall not exceed three in number.
[Added 3-17-1980 by Ord.
No. 80-4]
In the event that final approval is by stages or sections of
development pursuant to Subsection a of Section 29 of the Act (N.J.S.A.
40:55D-38), the provisions of this article shall be applied by stage
or section.
