A. 
Every application for development shall be accompanied by a check payable to the Township of Cranbury in accordance with the fee schedule set forth in the Cranbury Township Fee Ordinance.[1]
[1]
Editor's Note: See Ch. 76, Development Fees.
B. 
The application charge is a flat fee to cover direct administrative expenses and is nonrefundable.
C. 
Where one application for development includes several approval requests, the sum of the individual required fees shall be paid.
D. 
It is the applicant's responsibility to arrange for a court reporter. The cost of taking testimony, transcribing it and providing a copy of the transcript to the Township shall be at the expense of the applicant.
A. 
Before recording of final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65d, the approving authority may require and shall accept in accordance with the standards adopted by ordinance for the purpose of assuring the installation and maintenance of on-tract and off-tract improvements:
(1) 
Performance guarantee.
(a) 
The furnishing of a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of installation, which cost shall be determined by the Township 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 improvements which the approving authority may deem necessary or appropriate. Such improvements may include streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping.
(b) 
The Township 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 obligor.
(2) 
Maintenance guarantee. There shall be provision for a maintenance guarantee to be posted with the governing body for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the Township 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). In the event that other governmental agencies or public utilities will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.
B. 
The time allowed for installation of the improvements for which the performance guarantee 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 guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Township 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) as of the time of the passage of the resolution.
C. 
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected and the Township may either prior to or after receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).
D. 
List of uncompleted or unsatisfactorily completed improvements.
(1) 
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of this Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(2) 
The list prepared by the Township Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to § 150-91A.
E. 
Approval or rejection of improvements.
(1) 
The governing body, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure acceptable completion of all improvements.
(2) 
Failure of Township Engineer or governing body to act.
(a) 
If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection D of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(b) 
If the governing body fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to § 150-91A and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(3) 
In the event that the obligor has made a cash deposit with the Township or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.
F. 
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section shall be followed.
G. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Township Engineer.
H. 
The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements; provided that the Township may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspection, the developer shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Township Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
I. 
In the event that final approval is by stages or sections of development pursuant to Subsection a of section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
J. 
To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the Township governing body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Township Engineer.
A. 
All improvements and utility installations shall be inspected during the time of their installation by the Township Engineer. On-site private improvements relating to drainage, landscaping and circulation as shown on an approved final subdivision or site plan shall also be subject to inspection and approval by the Township Engineer. The cost of said inspection shall be the responsibility of the owner, who shall deposit with the Township Treasurer a fee in accordance with the Township Fee Ordinance.[1]
[1]
Editor's Note: See Ch. 76, Development Fees.
B. 
The Township Engineer's office shall be notified 48 hours prior to scheduling each of the following phases of the work so the work may be inspected:
(1) 
Road subgrade.
(2) 
Curb and gutter forms.
(3) 
Curbs and gutters.
(4) 
Road paving.
(5) 
Sidewalk forms.
(6) 
Sidewalks.
(7) 
Drainage pipes and other drainage construction.
(8) 
Street name signs.
(9) 
Monuments.
(10) 
Sanitary sewers.
(11) 
Detention and/or retention basins.
(12) 
Topsoil, seeding and plantings.
C. 
In no case shall any improvements or utility installation be done without permission from the Township Engineer. At least two working days' notice shall be given to the Township Engineer prior to any construction so that the Township Engineer or a qualified representative may be present at the time the work is to be done.
D. 
Streets shall not be paved with a wearing course until all heavy construction is completed and all underground utilities have been installed. Shade trees shall not be planted until all grading and earthmoving is completed. The seeding of grass and the placing of the surveyor's monuments shall be among the last operations.
E. 
Inspection by the Township of the installation of improvements and utilities shall not operate to subject Cranbury Township to any future liability, including liability for claims or suits, that may arise because of defects or negligence during construction or at any time thereafter. The responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and the owner's contractors.
F. 
Conditions and acceptance of improvements. The approval of any application for development by the Township shall in no way be construed as acceptance of any street or drainage system or any other improvement, nor shall such approval obligate the Township in any way to exercise jurisdiction over such street or drainage system or other improvement. No improvement shall be accepted by the governing body unless and until all of the following conditions have been met:
(1) 
The Township Engineer shall have certified, in writing, that the improvements are complete and that they comply with the requirements of this chapter.
(2) 
The final application for development shall have been approved by the Board.
(3) 
The owner shall have filed with the Township Committee a maintenance guarantee of 15% of the cost of installing the improvements, to run for a period of two years. The procedures and requirements governing such maintenance guarantee shall be identical with the procedures and requirements for a performance guarantee set forth in this chapter. The requirements for a maintenance guarantee may be waived by the Township Committee only if the Township Engineer has certified that the improvements have been in continuous use for not less than two years from the date the Township Engineer certified completion of such improvements and during this period the owner has maintained the improvements in a satisfactory manner.
(4) 
The owner shall have provided an as-built plan and profiles of all utilities and roads (three black-and-white prints, plus a Mylar copy, to be sent to the Township Engineer) with certification signed and sealed by a New Jersey licensed professional engineer as to the actual construction as approved by the Township Engineer.
A Township shall not require that a maintenance guarantee required pursuant to section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53) be in cash or that more than 10% of a performance guarantee pursuant to that section be in cash. At the developer's option, some or all of a maintenance guarantee may be in cash, or more than 10% of a performance guarantee in cash.
The cost of the installation of improvements for the purposes of section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53) shall be estimated by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Township Engineer's estimate to the governing body. The governing body shall decide the appeal within 45 days of receipt of the appeal in writing by the Township Clerk. After the developer posts a guarantee with the Township based on the cost of the installation of improvements as determined by the governing body, legal action may be instituted within one year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guarantee.
The approving authority shall, for the purposes of section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53), accept a performance guarantee or maintenance guarantee which is an irrevocable letter of credit if it:
A. 
Constitutes an unconditional payment obligation of the issuer running solely to the Township for an express initial period of time in the amount determined pursuant to section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53);
B. 
Is issued by a banking or savings institution authorized to do business in this State;
C. 
Is for a period of time at least one year; and
D. 
Permits the Township to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this section 30 days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit.
If an approving authority includes as a condition of approval of an application for development pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) the installation of streetlighting on a dedicated public street connected to a public utility, then upon notification in writing by the developer to the approving authority and governing body of the Township 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 Township 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 Township with the provisions of this section shall not be deemed to constitute acceptance of the street by the Township.
[Added 6-11-2018 by Ord. No. 05-18-11]
For the purpose of assuring the installation and maintenance of bondable land development improvements, as a condition of all final site plan, subdivision, and zoning permit approvals, the Board or Zoning Officer shall require, as appropriate, and the Township Committee shall accept, in accordance with the standards adopted hereinafter:
A. 
The furnishing of a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of 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. The performance guarantee shall also include, within an approved phase or section of a development, privately owned perimeter buffer landscaping, as required by local ordinance or imposed as a condition of approval.
B. 
The cost of the performance guarantee shall be determined by the Township Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4. At the developer's option, a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping. The Township 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 obligor.
C. 
The furnishing of a maintenance guarantee in favor of the Township in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the Township Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 for any and all bondable items as permitted therein.
D. 
The furnishing of a temporary certificate of occupancy guarantee in the amount of 120% of the cost of installing the remaining improvements which are not covered by a performance guarantee and are required to be completed before the issuance of a permanent certificate of occupancy. The scope and amount of such a guarantee will be determined by the Township Engineer.
E. 
The furnishing of a safety and stabilization guarantee to return the property to a safe and stable condition or to otherwise implement measures to protect the public from access to an unsafe or unstable condition. The amount of such a guarantee shall be $5,000 where the overall bonded improvements are $100,000 or less. Where the overall bonded improvements are $100,000 or more, then the Township Engineer shall calculate the bond amount in accord with the following: $5,000 for the first $100,000 of bonded improvement costs, plus 2.5% 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.
[Added 6-11-2018 by Ord. No. 05-18-11]
In the event that other governmental agencies or public utilities will automatically own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.
[Added 6-11-2018 by Ord. No. 05-18-11]
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and the Township may, either prior to or after the receipt of the proceeds thereof, complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
[Added 6-11-2018 by Ord. No. 05-18-11]
All improvements shall be in accordance with the design standards of the Township Code or as authorized by a design exception granted by the reviewing board and shall be subject to inspection and approval by the Municipal Engineer. The Municipal Engineer shall be notified 24 hours prior to the start of the various phases of the work and, if discontinued, shall again be notified when the work will be continued.
[Added 6-11-2018 by Ord. No. 05-18-11]
A. 
Upon substantial completion of all required improvements, the obligor may request of the governing body, in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this chapter, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Council, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
B. 
The list prepared by the Township Engineer shall state, in detail with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to this chapter.
C. 
The Township Committee, by resolution, shall either accept the improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction or release to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this chapter. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Committee, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those accepted improvements, except for that portion sufficient to secure completion or correction of the improvements not yet accepted, provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements. If any portion of the required improvements is rejected, the Township shall require the obligor to complete or correct such improvements, and, upon completion or correction, the same procedure of notification, as set forth in this section, shall be followed.
[Added 6-11-2018 by Ord. No. 05-18-11]
The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements, provided that the municipality may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $270 or 5% of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
[Added 6-11-2018 by Ord. No. 05-18-11]
In the event that final approval is by stages or sections of development pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
[Added 6-11-2018 by Ord. No. 05-18-11]
To the extent that any of the improvements have been dedicated to the Township on the subdivision plat, site plan and/or zoning permit, the municipality shall be deemed, upon the release of any performance guarantee required hereunder, to accept dedication for public use of any improvements made thereunder, provided that such improvements have been inspected and have received final approval by the Township Engineer.