It is recognized by the governing body that the adequate provision of on-site improvements and, to the extent required to properly service the project, off-site improvements, are a prime concern when evaluating an application for development under this title. The sections that follow are designed to give direction to an applicant with regard to improvements that are required. The precise nature of any improvement is left for discussion under Article 21, Design and Performance Standards Generally. The procedural requirements are discussed in this article.
A. 
Preliminary approval. All plans submitted in connection with preliminary approval shall indicate on the plans the nature of all improvements hereinafter required contemplated for the development application for which approval is sought. The improvement shall conform to the design requirements elsewhere set forth in this chapter and shall be sufficient in detail to determine whether compliance with the design standards has been achieved.
B. 
Final approval. No final plan shall be approved by the reviewing board unless:
(1) 
All improvements as required below have been completed and certified to by the reviewing agency's engineer; or
(2) 
The applicant shall file with the Board performance guarantees sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof as estimated by the Board engineer to insure the installation of such uncompleted improvements shall occur on or before a specified date.
C. 
Types of improvements. The applicant for development application approval shall be required to indicate on all plans and to subsequently cause to be installed the following improvements:
(1) 
Street paving (base and surface course);
(2) 
Street signs and traffic control devices;
(3) 
Curbs and/or gutters;
(4) 
Sidewalks;
(5) 
Monuments;
(6) 
Storm sewers and other drainage structures;
(7) 
Approved sewer facilities;
(8) 
Streams;
(9) 
Topsoil, seeding and/or sodding;
(10) 
Fire hydrants;
(11) 
Recreational facilities and open space;
(12) 
Streetlighting;
(13) 
Shade trees and shrubbery;
(14) 
Ways designed for the movement of pedestrian, vehicular and animal traffic;
(15) 
Planted buffer strips;
(16) 
Underground wiring;
(17) 
Utility and drainage easements;
(18) 
Off-site improvements;
(19) 
Water supply;
(20) 
Erosion control and sedimentation control development.
D. 
Connection required. Where applicable, all improvements installed shall be properly connected with an existing system maintained by the Township prior to use or occupancy of any building or property.
E. 
Design standard. In designing the improvements listed above, the applicant shall observe the requirements and principles established in this chapter. These standards shall be deemed minimum standards and in all cases the applicant shall be required to design improvements to meet the present and future probable needs of the development. No application for development shall be approved which will place a burden upon the existing systems maintained by the Township.
F. 
Inspections. All improvements installed pursuant to this chapter shall be inspected and approved by the appropriate reviewing engineer prior to occupancy of any structures constructed upon the subdivision. The reviewing engineer shall be notified 48 hours in writing prior to the start of the various phases of work and if discontinued shall be again notified 24 hours in advance by phone when construction will be continued. Failure to notify the engineer as specified in this subsection shall constitute a violation of the provisions of this chapter and shall subject the violator to the penalty provisions hereinafter set forth.
G. 
Dedication by deed. The applicant shall have the right to offer for dedication to the Township any and all improvements listed above. The Township's governing body shall have the right to accept the uncoerced dedication of the improvements specified above where the Township has determined that the improvements have been properly installed. The improvements, however, shall not be deemed to have been accepted by the Township until formal action of acceptance has occurred. Said action shall be taken by the governing body through the adoption of a resolution pertinent to the subject matter at hand.
A. 
Posting and guaranteeing. Subject to the provisions of N.J.S.A. 40:55D-53, an applicant under the provisions of this chapter shall have the right, in lieu of constructing the improvements specified above prior to final approval, to post performance guarantees for that construction. Said performance guarantees shall guarantee to the Township that all improvements will be constructed in accordance with Township standards by a specified date and that the Township's governing body shall have the right subsequent to this date to make use of the guarantee to fund the necessary installation of these improvements. In the event that other governmental agencies or public utilities automatically 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. 
Amount. The reviewing engineer shall, where the applicant indicates a desire to post a performance guarantee, determine the amount necessary to install the improvements required in the event that the Township shall be required to install these improvements upon the default of the applicant. The amount specified by the engineer shall be the amount of the performance guarantee.
C. 
Types. Performance guarantees may be in any of the forms listed below:
(1) 
A performance bond issued by a bonding or surety company approved by the Township governing body by resolution;
(2) 
A certified check returnable to the applicant after completion of the certification procedure outlined in Subsection C(3) of this section;
(3) 
Letters of credit issued by a banking institution approved by the Township governing body by resolution;
(4) 
Any other type of surety recommended by the Township Attorney and approved by the Township governing body by resolution.
D. 
Approval and term. All performance guarantees shall be approved by the Township Attorney as to form, sufficiency and execution. Such performance guarantees shall run for a period to be fixed by the proving agencies, but in no case for a term of more than three years. However, with the consent of the builder and surety, if there be one, the Township governing body may by resolution, upon the recommendation of the reviewing board, exceed the term of such performance guarantees for additional periods of time not to exceed three years. 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 installation as determined by the governing body as of the time of passage of the resolution.
E. 
Reduction. The amount of the performance guarantee may be reduced by the Township governing body by resolution upon the recommendation of the reviewing engineer when portions of the required improvements have been installed in accordance with the provisions of this chapter. In the event of a reduction, the applicant shall present to the Township Clerk performance guarantees sufficient in the amount and form to meet the standards elsewhere set forth in this chapter for the remaining improvements to be completed. Upon presentment of these performance guarantees, the Township Clerk shall deliver the initial performance guarantees to the applicant for cancellation within seven days.
F. 
Default. In the event that the applicant shall fail to install the improvement required under the provisions of this chapter within the time period specified by the performance guarantee, or the extension thereof, the Township shall have the right subsequent to the date wherein performance is called for to make application against the performance guarantees for all funds required to cause the improvements to be installed in accordance with municipal standards. The obligor and/or surety shall, within 15 days, upon receipt of a written request from the Township, post with the Township Clerk the necessary funds to cause the improvement to be installed. These funds shall be deposited in regular Township accounts and be utilized by the Township to install the improvements called for. In addition to the above and not in limitation thereof, the municipality may also, by way of alternative, seek the specific performance from the obligor or surety in a court of competent jurisdiction.
A. 
Posting and guarantee. Subject to N.J.S.A. 40:55D-53(2), the applicant shall also, at the time approval is given on the installation of any of the improvements required under this chapter, post a maintenance guarantee covering the improvements so approved. This maintenance guarantee shall guarantee to the Township that there is no defect in workmanship or material in the improvements so installed that would permit the improvements to fail within a period of two years from the date the improvements are approved by the Township.
B. 
Amount. A maintenance guarantee required under this chapter shall be in the amount of 15% of the actual cost of the improvements installed and approved as determined by the reviewing engineer.
C. 
Types and approval. Maintenance guarantees shall be of the type and shall be approved in the same manner as is set forth under § 310-20-3C, except that the term of the maintenance guarantee shall only be for a period of two years.
D. 
Default. In the event that any of the improvements for which a maintenance guarantee shall be posted shall fail within a period of two years after final acceptance of the improvement by the Township as certified by the reviewing engineer, then, and in that event, the Township shall have the right to apply on the obligor or surety for all funds set forth within the maintenance guarantee to allow the Township to reconstruct or repair the improvements so installed. The obligor or surety shall within 15 days from written application by the Township post these funds with the Township Clerk whereupon the Township shall proceed in accordance with the provisions of law to make all necessary repairs or reconstruction of the improvements called for. The municipality may also by way of alternative seek a specific performance from the obligor or surety in court of competent jurisdiction.
A. 
Request; inspection report. When all the necessary and appropriate improvements have been completed, the obligor shall notify the Township governing body, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the reviewing engineer. The Township governing body shall direct and authorize the reviewing engineer to inspect all of the aforesaid improvements. The reviewing engineer shall thereupon file a report, in writing, with the Township governing body, which report shall be detailed and shall indicate either approval, partial approval, or rejection. These said improvements or any position thereof shall not be approved or shall be rejected by the reviewing engineer and said report shall contain a statement of the reasons for such approval or rejection. Where said report indicates partial approval of the improvements, it shall indicate the cost of the improvements for which approval is rejected or withheld.
B. 
Acceptance or rejection. The Township governing body shall accept or reject improvements, grant partial approval, or withhold approval, on the basis of such report, and shall notify the obligor in writing by certified registered mail of the contents of said report and the action of the Township governing body with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. When partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee bond, except for that portion adequate and sufficient to secure the improvements not yet approved.
C. 
No action. Failure of the governing body 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 guarantee.
D. 
Rejected items; completion. If any portion of said improvement shall not be approved or shall be rejected by the Township governing body, the obligor shall cause the same to be completed and, upon completion, the same procedure of notification as outlined herein shall be followed.
A. 
Appeal. Nothing herein, however, shall be constructed in limitation of the obligor's right to contest or question by legal proceedings or otherwise any recommendation of the Township governing body, Planning Board or their agents.
B. 
Fees. The obligor shall be responsible for all of the reasonable inspection fees, incurred by the Township, in making the foregoing inspections.
Prior to the granting of preliminary approval to any application for development, the reviewing agency shall determine the off-site effects which approval of the applicant's plan shall have upon the road systems, stormwater drainage systems, sanitary sewer systems, and the potable water systems maintained by or for the Township. Where the reviewing board determines that the above-described off-site systems will be inadequate to properly service applicant's subdivision and thus create a danger or a burden to and upon the health, safety and welfare of the inhabitants of the development, inhabitants of the surrounding area adjacent to applicant's development, and/or in general, the inhabitants of the Township, unless the above-described systems are improved, updated, expanded or provided, the reviewing agencies shall, unless proper provisions pursuant to the following sections are made for the improvements, updating expansion or provision of these additional facilities, deny preliminary subdivision approval.
The reviewing agencies, in determining that the off-site systems will be inadequate to properly service applicant's development, shall be guided by and take into consideration the following enumerated standards for the system referred to:
A. 
Road system.
(1) 
General requirements. Road systems leading to and from an applicant's project shall be adequate to handle the anticipated peak load capacity that will be generated from or through applicant's project when taken in concert with such other potential areas of development that may utilize the same road facilities.
(2) 
Specific reviewable factors. Specific reviewable factors include:
(a) 
A potential need and timing of other developments within the geographic area of applicant's development which may reasonably be expected to use or increase the demands upon the same systems utilized by the applicant;
(b) 
The increase of traffic generated by the applicant's development as determined by traffic count, existing projected traffic patterns, quality of roads in the area, life expectancy of existing facilities both within and outside of the applicant's subdivision, future developments within and outside the applicant's development, future developments within areas adjacent to applicant's development, and other factors related to the needs established by applicant's development;
(c) 
The peak capacity of the facilities under discussion;
(d) 
Traffic hazards created by proposed turns, stops, exits and traffic flows on the facilities under discussion;
(e) 
The existing or pending plans by other developments, local municipality, the county or the state to upgrade, improve or modify the facilities under discussion and whether such upgrading, improvement or modification will increase, have no effect, or diminish the demand upon the facilities under discussion and whether this upgrading, improvement or modification will create a burden upon the facilities reviewed.
(3) 
Data. The reviewing agency may require the furnishing of detailed reports at applicant's expense to assist the agency in determining whether or not the facilities available are adequate to meet the needs created by the applicant's project.
B. 
Stormwater drainage systems.
(1) 
General requirements. All developments for which approval is sought shall have available adequate off-site improvements designed to carry the increase in off-site surface water drainage caused by the development of the project and by future needs of the drainage basins as determined by the master drainage plan for the Township to adequate collection areas such as rivers, lakes or streams.
(2) 
Specified reviewable factors. The reviewing agency, in evaluating whether or not the applicant's plans conform to the above-stated requirement, may take into consideration the following:
(a) 
Applicant's land area and its relationship to the acreage of the total drainage basin to determine what the total needs of the drainage basin for stormwater drainage facilities would be if maximum allowable coverage occurs for the total acreage involved;
(b) 
Existing or proposed development in the drainage basin and its effect upon the facilities under discussion;
(c) 
Existing or proposed stormwater drainage within the drainage basin maintained by other developments, local municipality, the county or the state; their maximum peak load capacity; and the effect which applicant's project would have on these facilities;
(d) 
The use of the particular site and the uses reasonably contemplated for the balance of the drainage basin;
(e) 
The water table of the applicant's project;
(f) 
The nature of the soil conditions as they relate to percolation and absorption capacity;
(g) 
Capacity of existing facilities maintained within the drainage basin;
(h) 
The relationship that the drainage basin occupied by applicant's project bears to other drainage basins.
(3) 
Data. The reviewing agency may require the furnishing of detailed reports at the applicant's expense to determine whether or not the above requirements are met by the facilities in existence.
C. 
Potable water facilities.
(1) 
General requirements. All developments for which approval is sought shall have available an adequate water supply and distribution system capable of producing, at the entranceway to applicant's development, water pressure capable of generating pressure at 50 psi or delivering water at 750 gallons per minute with a residual pressure of 20 psi.
(2) 
Specific reviewable factors. The reviewing agency, in evaluating whether or not the development conforms to the above-stated requirements, may take into consideration the following:
(a) 
The reasonably anticipated peak load requirements of applicant's project as it relates to the capacity of existing or proposed systems owned, operated or provided under contract by the Township;
(b) 
The current capacity of the Township's water supply and distribution system at peak load to generate sufficient water at appropriate pressure to applicant's project after deducting the needs of all approved developments whether constructed or proposed;
(c) 
The potential for fire hazards if proper water pressure is not provided to applicant's project;
(d) 
The location of existing Township-owned water mains meeting the standards of the Township as set forth by ordinance;
(e) 
The location of proposed water main extensions, whether these extensions are to be installed by the local municipality or other developers, the county, or the state;
(f) 
The capacity of water mains, whether existing or proposed, to provide sufficient water or proper pressure to applicant's project;
(g) 
The size of applicant's project as it relates to the loss of pressure through friction from taking water through applicant's project;
(h) 
The need for water to be pumped to applicant's project;
(i) 
Proposed extension of water facilities through the Township in accordance with the master water plan prepared by the Township Engineer and how applicant's needs fit into this plan;
(j) 
The availability and sufficiency of on-site water facilities to handle applicant's needs;
(k) 
Requirements of county, state or federal administrative rules and regulations as they bear to the requirements for water supply to a project such as contemplated by the applicant's project.
D. 
Sanitary water facilities.
(1) 
General requirements. All developments for which approval is sought shall have available sufficient capacity at the sanitary sewerage disposal plans maintained by the Township to adequately treat the sewerage requirements of applicant's project and shall have a sewer main system available to deliver such sewerage to these plans for treatment, giving due consideration in both instances to previously approved if not yet constructed developments.
(2) 
Specific reviewable factors. The reviewing agency, in evaluating whether or not applicant's plans conform to above-stated requirements, may take into consideration the following:
(a) 
The reasonably anticipated peak load requirements of applicant's project as they relate to the capacity of existing or proposed systems owned, operated, or provided under contract by the Township;
(b) 
The applicant's land area and its relationship to acreage of the total drainage basin to determine what the total needs of the drainage basin are for sanitary water disposal facilities, if maximum allowable use occurs for the total acreage involved. The current capacity of the Township sewerage disposal plants at peak load to properly treat in conformity to prevailing standards, the sanitary water effluent that is currently being generated and that will be generated when taken together with that emanating from applicant's development;
(c) 
The adequacy of facilities such as pumping stations, mains and appurtenances to handle the increased flow to be generated by applicant's project upon construction;
(d) 
The use of the particular site uses reasonably contemplated for the balance of the drainage basin;
(e) 
Water table of applicant's development;
(f) 
Nature of soil conditions within the drainage basin occupied by applicant's development;
(g) 
The location of existing Township-owned sanitary sewer facilities meeting the standards of the Township as set forth by ordinance or state regulation;
(h) 
The size of applicant's project as it relates to the flow to be generated by construction of applicant's development;
(i) 
The requirements of the county, state or federal authorities as they relate to standards to be utilized in determining the provisions of proper sanitary sewer facilities to applicant's project;
(j) 
The proposed extension of sanitary sewer facilities through the Township in accordance with the master sanitary sewer plan and how applicant's needs fit into this plan, the nature and type of effluent to be anticipated from applicant's project and such special problems as may be required by different types of effluent which may require special equipment or added costs for treatment.
In the event that the reviewing agency shall determine that the applicant's project cannot be approved without proper provision being made for off-site improvements, applicant's application shall be rejected, or, in the alternative, the applicant may provide for the provision of the needed off-site facility by obtaining from the Township governing body a certificate of adequacy, which shall determine that the applicant shall have available to his project, by the time application is made for certificate of occupancy, the needed off-site improvements.
A. 
Application. An applicant seeking approval for an application for development may apply to the Township for a certificate of adequacy in the same fashion as that employed for an appeal from a determination of the reviewing agency.
B. 
Standards of review. The Township governing body shall review the needs of applicant's project for off-site systems and shall take into consideration in formulating a proper method for the provision of off-site improvements the following:
(1) 
Municipal improvement. Contemplated municipal improvements as they relate to the area of applicant's development, the timing of these projects, the contemplated cost of the projects as they relate to general improvements;
(2) 
Other developments. The construction of off-site improvements contemplated by other developments within the general geographic area of applicant's project or facilities to be constructed in concert with the municipal officials by other projects as they relate to the needs of applicant's project;
(3) 
Applicant's needs. The relationship which needed off-site improvements bear to needs of applicant's project and the needs of the community in general for improvement of facilities to service not only applicant's project but the future needs beyond those proposed by the applicant.
C. 
Township Committee action. Township Committee may provide within its certificate of adequacy the following:
(1) 
Municipal costs. That the municipality shall provide the facilities required to applicant's development entirely at municipal expense;
(2) 
Applicant's expense. That the cost for all needed off-site improvements will be provided by the applicant pursuant to a written agreement entered into between the applicant and the Township governing body;
(3) 
Sharing of costs. That the Township and the applicant shall enter into a written agreement providing for a sharing of the costs between the applicant and the Township which recognizes that the needed improvements are required to service not only applicant's project but the future needs of the Township in this matter:
(a) 
The allocation of costs shall be determined in accordance with the following:
[1] 
The governing body shall consider the total cost of the off-site improvements, the benefits conferred upon the development, the needs created by the development, population and land use projections for the general areas of the development and other areas to be served by the off-site improvements, the estimated time of construction of off-site improvements, and the condition and periods of usefulness, which period may be based upon the criteria of N.J.S.A. 40A:2-22. The governing body may in addition take into consideration the criteria set forth below.
[2] 
Road, curb, gutter and sidewalk improvements shall be based upon the anticipated increase of traffic generated by the development. In determining such traffic increases, the governing body may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area, and other factors related to the need created by the development and the anticipated benefit thereto.
[3] 
Drainage facilities shall be based upon and determined by the drainage created by or affected by a particular project and take into consideration:
[a] 
The percentage relationship between the development's acreage and the acreage of the total drainage basin;
[b] 
The use of a particular site;
[c] 
The amount of area to be covered by impervious surfaces on the site itself;
[d] 
The use, condition or status of the remaining area in the drainage basin.
[4] 
Sewerage facilities shall be based upon the proportion that the subdivision's total anticipated volume of sewage effluent bears to the existing capacity of existing and projected sewerage disposal facilities, including but not limited to lines and other appurtenances leading to and servicing the development. Also, consideration shall be given to the types of effluent and particular problems requiring special equipment, or additional costs for sewage collection as determined by the Township Engineer.
[5] 
Distribution facilities shall be based upon the added facilities required by the total anticipated water use requirements of the tract as determined by the Township Engineer.
Any contract entered into between the Township and the applicant shall specify that:
A. 
Construction contract. All construction shall be performed under contract with the Township issued in compliance with N.J.S.A. 40A:11-1 et seq.;
B. 
Engineer's specifications. All construction shall be performed pursuant to plans and specifications prepared by the Township Engineer and shall be in conformity to the Master Plan;
C. 
Engineer's inspection. All construction shall be inspected and certified to by the Township Engineer as conforming to all municipal standards as they relate to such improvements;
D. 
Project description. All agreements shall outline in detail or by attached project plan a full description of the project to be constructed. Where different projects are to be funded in different ways, a description for each project shall be separately stated for each method of financing employed;
E. 
Ownership. All agreements shall provide that all improvements constructed shall provide that all improvements constructed shall belong upon completion to the Township.
In deciding which of the above methods is to be employed by the Township in requiring the off-site improvements by the applicant, the Township shall be guided by generally prevailing municipal standards as they relate to the provisions of such off-site improvements and all applicants similarly situated shall be similarly treated in their dealings with the Township.
Nothing herein contained shall be deemed to obligate either the applicant or the Township to any financial arrangement outlined above except that applicants in a similar position shall be treated equally and nothing contained within this chapter shall be deemed to require that the applicant use any method employed by this chapter. Any applicant may wait to construct his development until proper off-site improvements are provided in the normal course of business by the municipality in conformity to general prevailing construction plans for such projects.