A.
For the purposes of this section, the term 'public improvements' shall mean only those improvements required by Board approval or developer's agreement, ordinance or regulation of the Township which are to be dedicated to the Township or any other public entity and that have not yet been installed which are improvements as shown on approved plans or plot plans for streets, pavements, gutters, curbs, sidewalks, street lighting, street trees, surveyors monuments as shown on the final map and required by the Map Filing Law,[1] water mains, sanitary sewers, community septic systems, drainage structures, public improvements for open space, and any grading necessitated by the preceding improvements. If required within an approved phase of a project, the performance guarantees shall also include perimeter buffer landscaping as a condition of Board approval. A developer may post a separate performance guarantee for the privately owned perimeter buffer landscaping.
All remaining required improvements shall not be subject to a performance guarantee but are still subject to inspection by the Township Engineer as set forth hereinafter to ensure installation of said improvements as required on or before an agreed date and as hereinafter provided. |
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B.
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 Board may require and shall accept in accordance with the standards adopted by this chapter for the purpose of assuring the installation and maintenance of on-tract public improvements:
(1)
A performance guarantee for only those improvements to be dedicated to the Township, or if applicable for perimeter buffer landscaping, shall be prepared by the Township Engineer for review and approval, setting forth all required improvements as determined by the Board and their estimated cost. No performance guarantee shall be required for the installation of utilities and they will be installed by the applicable utility company. Any adjustment in the amount of the guarantee shall be approved by resolution of the Township Council. At the developer's option a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping.
(2)
The owner/developer shall have posted with the Township Council, prior to the release of the performance guarantee, a maintenance guarantee in an amount equal to not more than 15% of the cost of installation of the public improvements which are being released. The owner/developer shall also post with the Township Council, upon the inspection and issuance of the final approval of the following private site improvements by the Township Engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures within the basins and the out-flow pipes and structures of the stormwater management system, if any, the cost of the maintenance guarantee to be determined by the Township Engineer in accordance with N.J.S.A. 40:55D-53.4. The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term. The procedures and requirements governing such maintenance guarantee shall be identical with the procedures and requirements for a performance guarantee set forth in this article. The requirements for a maintenance guarantee may be waived by the Township Council 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 Council certified completion of such improvements and that during this time period the owner/developer has maintained the improvements in a satisfactory manner.
(3)
Safety and stabilization guarantee.
(a)
The owner/developer shall furnish to Township Council a safety and stabilization guarantee in favor of the Township. The owner/developer may furnish the safety and stabilization guarantee either as a separate guarantee or as a line item of the performance guarantee required by § 175-74B(1). The purpose of the safety and stabilization guarantee is solely to allow the Township to return property that has been disturbed to a safe and stable condition or otherwise implement measures to protect the public from access to an unsafe or unstable conditions, 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 the 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 the owner/developer by certified mail or other form of delivery providing evidence of receipt.
(b)
The amount of the safety and stabilization guarantee for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000.
(c)
The amount of the 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:
(d)
The Township shall release a separate safety and stabilization guarantee to an owner/developer upon the owner/developer's furnishing of a performance guarantee required by § 175-74B(1) which includes a line item for safety and stabilization in the amount required under this section.
(e)
The Township shall release a safety and stabilization guarantee 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.
(4)
In the event that the owner/developer shall seek a temporary certificate of occupancy for a development, unit, lots, building, or phase of development, as a condition of the issuance thereof, the owner/developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the municipality in an amount equal to 120% of the cost of installation of only 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 § 175-74B(1), which relates 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 Township Engineer. At no time may the Township hold more than one guarantee or bond of any type with respect to the same item. The temporary certificate of occupancy guarantee shall be released upon the approval by the Township Council and 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.
[Amended 7-22-2019 by Ord. No. O:26-2019]
C.
The time allowed for installation of the bonded improvements for which the performance guaranty has been provided may be extended by the Township Council 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, 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 as of the time of the passage of the resolution.
D.
If the required bonded 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 for the reasonable cost of the bonded improvements not completed or corrected, and the Township may, either prior to or after the receipt of the proceeds thereof, complete such bonded improvements. Such completion or correction of bonded improvements shall be subject to the public bidding requirements of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).
E.
The remaining required private improvements shall be completed in accordance with the applicant's Planning Board approval and Township Code requirements.
F.
The applicant shall be required, as a condition of final site plan approval, or as a condition to the issuance of a zoning permit, to execute a developers agreement between the Township of Monroe and the developer. The form of the developer's agreement shall be approved by the respective board who has granted the requisite approval or in the alternative by the Township Solicitor.