[Amended 2-3-03 by Ord. No. O-2-2003-003; 4-7-1997 by Ord. No.
O-4-97-007; 6-8-2005 by Ord. No. O-6-2005-026; amended in entirety 4-9-2018 by Ord. No. O-3-2018-011]
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 pursuant N.J.S.A. 40:55D-65, a
developer shall furnish the following guarantees for purposes of assuring
the installation and maintenance of certain improvements.
(1)
Performance guarantee.
(a)
A developer shall furnish a performance guarantee in favor of
the Township in an amount not to exceed 120% of the cost of installation
of the following improvements shown on the approved plans or plat
required by an approval or developer's agreement, ordinance, or regulation
to be dedicated to the public entity and not yet installed: streets,
pavement, gutters, curbs, sidewalks, streetlighting, street trees,
surveyor's monuments as shown on the final map and required by the
map filing law, water mains, sanitary sewers, community septic systems,
drainage structures, public improvements of open space, and any grading
necessitated by the preceding improvements.
(b)
A developer shall furnish a performance guarantee in favor of
the Township in an amount not to exceed 120% of the cost of installation
of privately-owned perimeter buffer landscaping within an approved
phase or section of a development otherwise required by this Code
or imposed as a condition of approval. At a developer's option, a
separate performance guarantee may be posted for privately-owned perimeter
buffer landscaping.
(c)
The Township Engineer, and Director of the Utility Department
in the case of water and sewer improvements, 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. The developer shall provide a preliminary of the
quantities and types of bonded improvements, to be reviewed and verified
by the Township Engineer, and Director of the Utility Department in
the case of water and sewer improvements, based upon the unit prices
established by Township Engineer, and Director of the Utility Department
in the case of water and sewer improvements, on an annual basis. The
total estimated cost of constructing all improvements shall be based
upon the estimated contract construction costs established by the
Township Engineer, and Director of the Utility Department in the case
of water and sewer improvements, and appropriate allowances for contract
related costs, such as engineering, legal, financial and other usual
costs, which shall be estimated to be 20% of the estimated contract
construction costs.
(d)
The performance guarantee shall be approved by the Township
Attorney as to form, sufficiency and execution, and may be in the
form of cash, certified check, negotiable securities, bond issued
by a bonding company approved by the Township Attorney or any other
type of surety acceptable to and approved by the Township Council
and in a form acceptable to the Township Attorney.
(e)
Such performance guarantee shall run for a period to be fixed
by the Township Engineer, and Director of the Utility Department in
the case of water and sewer improvements, but in no case for a term
longer than the period of final approval set by N.J.S.A. 40:55D-1
et seq. for the installation of all or any portion of the improvements,
except that:
[1]
The time allowed for installation of the improvements
for which the performance guarantee has been provided may be extended
by resolution of the Township Council, provided that, if required,
the period of final approval has been extended by the proper municipal
agency, and provided further that:
[2]
Such extension shall not exceed one year.
[3]
There shall not be more than three such extensions;
and
[4]
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 as determined by the Township Engineer in accordance
with the itemized cost estimate.
(f)
If the bonded improvements are not completed or corrected in
accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereupon to the municipality for the reasonable
cost of the improvements not completed or corrected, and the municipality
may either prior to or after the receipt of the proceeds thereof complete
such improvements.
(g)
[1]
Upon substantial completion of all required improvements, including
street improvements (except for the top course) and appurtenant utility
improvements, and the connection of same to the public system, the
developer may request of the Township Council in writing, by certified
mail addressed in care of the municipal Clerk, that the Township Engineer,
and Director of the Utility Department in the case of water and sewer
improvements, prepare, in accordance with the itemized cost estimate
appended to the performance guarantee, a list of all uncompleted or
unsatisfactory completed bonded improvements. If such a request is
made, the developer shall send a copy of the request to the Township
Engineer, and Director of the Utility Department in the case of water
and sewer improvements. The request shall indicate which bonded improvements
have been completed and which bonded improvements remain uncompleted.
[2]
Thereupon, the Township Engineer, and Director
of the Utility Department in the case of water and sewer improvements,
shall inspect all bonded improvements covered by the request and shall
file a detailed list and report, in writing, with the Township Council,
and shall simultaneously send a copy thereof to the developer not
later than 45 days after receipt of the request.
[3]
The list prepared by the Township Engineer, and
Director of the Utility Department in the case of water and sewer
improvements, shall state, in detail, with respect to each bonded
improvement determined to be incomplete or unsatisfactory, the nature
and extent of the incompleteness or the nature and extent of, and
remedy for, the unsatisfactory state of each completed bonded improvement
determined to be unsatisfactory.
[4]
The report prepared by the Township Engineer, and
Director of the Utility Department in the case of water and sewer
improvements, shall identify each bonded 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 bonded improvement, in accordance
with the itemized cost estimate.
(h)
The Township Council, by resolution, within 45 days after receipt
of the list and report prepared by the Township Engineer, and Director
of the Utility Department in the case of water and sewer improvements,
shall either approve the bonded improvements determined to be complete
and satisfactory or reject any or all of them upon the establishment
in the resolution of the 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, provided that, if the sum of the approved bonded improvements
would exceed 70% of the total amount of the performance guarantee,
the Township will retain 30% of the amount of the total performance
guarantee and safety and stabilization guarantee as set forth below
to ensure completion and acceptability of the bonded improvements,
further provided that any amount of the performance guarantee attributable
to bonded improvement for which a temporary certificate of occupancy
guarantee has been posted shall be released, even if such release
would reduce the amount held by the Township to below 30%.
(i)
Upon adoption of the resolution by the Township Council, the
obligor shall be released from all liability pursuant to its performance
guarantee with respect to those approved improvements, except for
that portion sufficient to secure completion or correction of the
improvements not yet approved, provided that 30% of the amount of
the total performance guarantee and safety and stabilization guarantee
posted as set forth below may be retained to ensure completion and
acceptability of all improvements.
(2)
Temporary certificate of occupancy guarantee.
(a)
A developer seeking a temporary certificate of occupancy for a development, unit, lot, building or phase of development pursuant to Section 108-13.7 shall furnish a temporary certificate of occupancy guarantee in favor of, and available to, the Township in an amount not to exceed 120% 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 a permanent certificate of occupancy for the development, unit, lot, building or phase of development. The Township Engineer, and Director of the Utility Department in the case of water and sewer improvements, shall determine the scope and amount of the temporary certificate of occupancy guarantee.
(b)
Upon posting of a temporary certificate of occupancy guarantee,
all sums posted under a performance guarantee which relate to the
improvements or items which remain to be completed or installed shall
be released, so that a developer shall not be required to post more
than one guarantee or bond of any type with respect to the same line
item.
(c)
The temporary certificate of occupancy guarantee shall be released
upon the issuance of a permanent certificate or occupancy as to those
improvements to which it relates.
(3)
Safety and stabilization guarantee.
(a)
A developer shall furnish a safety and stabilization guarantee
in favor of, and available to, the Township 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 where: (1) site disturbance has
commenced and thereafter all work on the development has ceased for
at least 60 consecutive days for reasons other than force majeure,
and (2) after such sixty-day (60) period, work has not recommenced
within 30 days following written notice to the developer of the Township's
intent to claim payment under the guarantee.
(b)
The amount of the safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.00. The amount of the safety and stabilization guarantee
for a development with bonded improvements in an amount exceeding
$100,000.00 shall be (1) $5,000.00 for the first $100,000.00 of bonded
improvement costs, plus two and one-half (2 1/2%) percent of
bonded improvement costs in excess of $100,000.00, plus 1% of bonded
improvement costs in excess of $1,000,000.00.
(c)
At the developer's option, the safety and stabilization guarantee
may be a separate guarantee or it may be a line item of the performance
guarantee.
(d)
The safety and stabilization guarantee shall be released upon
the developer's furnishing of a performance guarantee which includes
a line item for safety and stabilization in the amount required under
this section.
(e)
The safety and stabilization guarantee shall be released by
resolution of the Township Council upon the Township Engineer's determination
that development of the project site has reached a point that the
improvements installed are adequate to avoid any potential threat
to public safety.
(f)
The safety and stabilization guarantee shall be reduced by the
same percentage as the performance guarantee at the time of each performance
guarantee reduction.
(4)
Maintenance guarantee.
(a)
Prior to the release of a performance guarantee, a developer
shall post with the Township a maintenance guarantee in favor of the
Township in an amount not to exceed 15% of the cost of the installation
of the improvements for which the performance guarantee is being released.
(b)
Upon inspection and issuance of final approval of the following
private site improvements by the Township Engineer, a developer shall
post with the Township a maintenance guarantee in favor of the Township
in an amount not to exceed 15% of the cost of installation: 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.
(c)
The cost of the maintenance guarantees shall be determined by the Township Engineer, and the Director of the Utility Department in the case of water and sewer improvements, according to the method of calculation set forth in Subsection A(1)(c).
(d)
The term of a maintenance guarantee posted by a developer shall
be for a period of two years and shall automatically expire at the
end of the two-year term.
(e)
Upon release of the maintenance guarantee by the Township Council,
the unused inspection fee shall be returned to the developer.
(5)
Successor developer guarantee.
As a condition of 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, a successor
developer shall furnish replacement performance and maintenance guarantees
in accordance with Subsection (A)(1) and (4) above.
B.
Surety. If a developer posts a bond as guarantee, there must be attached
to said bond an authority of the surety company empowering the person
or persons who executed said bond for the surety company to do so.
If the bonding company is not a licensed New Jersey entity, there
should also be attached to the bond proof of its authority to do business
in New Jersey and a copy of its last financial statement, made not
more than one year before, showing its financial condition. If the
principal on the bond is a partnership, corporation, limited liability
company or other business entity, there must be attached to the bond
a certified copy of a resolution adopted by its Board of Directors,
members or partners, as appropriate, authorizing the execution and
delivery of said bond. Said bond must also bear the seal of the surety
and the principal, of a corporation.
C.
Inspection fees; escrows.
(1)
The cost of inspections shall be the responsibility of the developer,
who shall post in escrow with the Township funds to reimburse the
Township for reasonable inspection fees charged by the Township Engineer,
and Director of the Utility Department in the case of water and sewer
improvements, for inspection of the improvements to be installed,
in the following amounts:
(2)
The cost shall be determined by the Township Engineer, and Director of the Utility Department in the case of water and sewer improvements, according to the method of calculation set forth in Subsection A(1)(c).
(3)
These funds shall be in addition to the amount of required guarantees
and all application fees. These funds shall be deposited in a special
escrow account and shall not accrue interest.
(4)
For developments for which the total improvement inspect fees
are less than $10,000, escrow funds may be deposited in two installments.
The initial amount deposited in escrow by a developer shall be 50%
of the inspection fees. When the balance on deposit drops to 10% of
the inspection fees because the amount deposited by the developer
has been reduced by the amount paid to the Township Engineer, and
Director of the Utility Department in the case of water and sewer
improvements, for inspections, the developer shall deposit the remaining
50% of the inspection fees.
(5)
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees.
(6)
If the amount in escrow for the payment of inspection fees is
insufficient to cover the cost of additional required inspections,
as determined by the Township Engineer, and the Director of the Utility
Department in the case of water and sewer improvements, the developer
shall deposit additional funds in escrow upon receipt of a written
inspection escrow deposit request signed by the Township Engineer,
and Director of the Utility Department in the case of water and sewer
improvements, which informs the developer of the need for additional
funds, details the items or undertakings that require inspection,
estimates the time required for those inspections, and estimates the
cost of performing those inspections.
(7)
In the event that final approval is by stages or sections of
development pursuant to the N.J.S.A. 40:55D-38, the provisions of
this section shall be applied by such stage or section.
A.
General requirements. Where the municipal agency determines that
off-tract improvements are necessary for the proper development and
utilizing of the proposed site or subdivision and the surrounding
area, it may require either that such off-tract improvements be installed
or that the developer contribute to the installation of such off-tract
improvements. Where the municipal agency has determined that off-tract
improvements are required, it shall be a condition of the granting
of final approval that such improvements be constructed or that the
developer shall make payments toward the ultimate installation of
off-tract improvements, such as, but not limited to, streets, curbs
and gutters, sidewalks, water mains, sanitary sewers, storm sewers
and culverts, monuments and streetlights, all in accordance with the
specifications governing on-tract improvements.
B.
Cost allocation. If the municipal agency determines that the developer
may contribute toward required off-tract improvements in lieu of such
improvements being installed, the municipal agency shall allocate
the cost of same off-tract improvements in accordance with the standards
hereinafter set forth. The improvement of a stream and/or widening
of, or the construction of drainage or other improvements in a street
or road fronting on the tract to be subdivided and/or developed shall
not constitute an off-tract improvement, and the cost of said improvement
shall not be allocated.
(1)
The allocation of the cost of off-tract improvements shall be
determined in accordance with the following:
(a)
The municipal agency may consider the total cost of the off-tract
improvements, the benefits conferred upon the site or subdivision,
the needs created by the site or subdivision, population and land
use projects for the general areas of the site or subdivision and
other areas to be served by the off-tract improvements, the estimated
times of construction of off-tract improvements and the condition
of periods of usefulness, which periods may be based upon the criteria
of the Local Bond Law (N.J.S.A. 40A.2-22). The municipal agency may
further consider the criteria set forth below.
(b)
Road, curb, gutter and sidewalk improvements may be based upon
the anticipated increase of traffic generated by the site or subdivision.
In determining such traffic increase, the municipal agency 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 site or subdivision.
(c)
Drainage facilities may be based upon the percentage relationship
between the site or subdivision acreage and the acreage of the total
drainage basins involved or upon calculations developing the percentage
contribution that the storm runoff from a particular site or subdivision
bears to the total design capacity of any improvement; the particular
methods to be selected in each instance by the Township Engineer.
(2)
All monies received by the Township in accordance with the provisions
of this section shall be paid to the Township Clerk who shall provide
for a suitable depository therefor. Such funds shall be used only
for the improvements for which they are deposited or improvements
serving the same purposes unless such improvements are not initiated
for a period of five years from the date of payment, after which time
said funds shall be transferred to the capital improvement fund of
the municipality.
(3)
The apportionment of costs shall be determined by the municipal
agency. The developer shall be afforded an opportunity before said
Board to present evidence relative thereto.
Before any developer effectively assigns any of his interest
in any preliminary or final approval, he must notify the Administrative
Officer and supply detailed information with regard to the name, address,
principals, type of organization, competency, experience and past
performance of the assignee, transferee of agent. Notice of such assignments
or transfer shall be given no later than 10 days after its effective
date. The assignee must be made acquainted with all the conditions
of approval, and the developer shall so certify.
A.
No contractor, builder, developer or subcontractor shall engage any
personnel in any of the work on constructing any improvements unless
they are continually supervised by a competent, English speaking supervisor
acceptable to the Township Engineer, and Director of the Utility Department
in the case of water and sewer improvements.
B.
No less than five days prior to commencing construction of any improvements
on the site, the developer or his agent shall provide the Township
Engineer and the Director of Utility Department in the case of water
and sewer improvements with the names, addresses, phone numbers and
emergency phone numbers of the subdivider and/or a representative
empowered to act for the developer and/or each contractor and their
supervisor in charge of the construction, setting forth the aspect
of construction for which each is responsible.
A.
Pre-construction. Prior to beginning construction, the developer
shall arrange for a preconstruction conference between the developer,
contractors and Township Engineer, and Director of the Utility Department
in the case of water and sewer improvements. The Township Engineer,
and Director of the Utility Department in the case of water and sewer
improvements shall be notified by the developer at least five days
in advance of the start of construction.
B.
Inspection notice. All required improvements, except those utility
improvements which are not the responsibility of the Township, shall
be subject to inspection and approval by the Township Engineer, who
shall be notified by the developer at least five days prior to the
initial start of construction and again 24 hours prior to the resumption
of work after any idle period exceeding one working day. All of the
utility improvements shall be subject to inspection and approval by
the Director of the Utility Department, who shall be notified by the
developer in accordance with the utilities' requirements.
C.
Modification of improvements. At any time, whether as a result of
his or her inspection of work underway or otherwise, the Township
Engineer or Director of the Utility Department may recommend that
the developer be required to modify the design and extent of the improvements
required, notifying the Township of his or her recommendations. The
Township Council shall, if it considers such modifications to be major,
or if requested by the developer or Township Engineer or Director
of the Utility Department, take formal action to approve or disapprove
such recommendations; provided, however, that it must first afford
the developer an opportunity to be heard. If the Township Council
takes no formal action within 30 days of such recommendations, or
where the developer has not requested formal action, its approval
will be assumed. Similarly, the Township may grant or deny the developer
permission to effect such modification upon his or her application
and the Township Engineer's or Director of the Utility Department's
approval, as appropriate. In either event, where such modification
is to be effected, the appropriate plat must be revised by the developer
or his or her engineer to reflect such modification, and sufficient
copies thereof submitted to the Administrative Officer (Planning Board
or Board of Adjustment Secretary) for distribution.
D.
General inspection requirements. All improvements, except as otherwise
provided, shall be subject to inspection and approval by the Township
Engineer or Director of the Utility Department, as appropriate. No
underground installation shall be covered until inspection and approval
by the Township Engineer or Director of the Utility Department. If
such installation is covered prior to inspection, it shall be uncovered
or another inspection means shall be used, such as a television or
other pipeline camera as may be deemed necessary by the Township Engineer
or Director of the Utility Department, and charges for such work will
be paid for by the developer.
E.
Inspection not acceptance. Inspection of any work by the Township
Engineer or Director of the Utility Department or authorized representatives
shall not be considered to be final approval or rejection of the work,
but shall only be considered to be a determination of whether or not
the specific work involved was being done to Township specifications
or other required standards at the time of inspection. Any damage
to such work or other unforeseen circumstances, such as the effects
of the weather, other construction, changing conditions, settlement,
etc., between the time of installation and the time that the developer
wishes to be released from a guarantee, shall be the full responsibility
of the developer, and no work shall be considered accepted until release
of the guarantee.
F.
Payment to contractors. No developer shall enter into any contract
requiring the Township Council, the Township Engineer or any of their
agents, employees or other representatives to make any declaration,
written or otherwise, as a condition of payment of said developer
to a contractor as to the acceptance or rejection of the work. Neither
the Township Council, Township Engineer nor any of their agents, employees
or representatives shall make any such declaration.
G.
Procedure on acceptance of public improvements. When the developer
has constructed and installed the on-site or off-site improvements
and other improvements in accordance with Township regulations, standards
and specifications, and desires the Township to accept said improvements,
he shall, in writing by certified mail, return receipt requested addressed
to the Township Clerk, with copies thereof to the Township Engineer,
or Director of the Utility Department in the case of water and sewer
improvements, request the Township Engineer or Director of the Utility
Department to make a semifinal inspection of said improvements. If
the improvements have been constructed under a performance guarantee
or are subject to a maintenance guarantee, the developer shall submit
an as-built plan showing as-built grades, profiles and sections and
locations of all subsurface utilities, such as french drains, combination
drains, sanitary sewage disposal systems both public and individual,
waterlines and control valves, gas lines, telephone conduits, monuments,
iron property markers and any other utility or improvements installed.
Said as-built plan shall be certified to by a licensed New Jersey
professional engineer. If any improvements are constructed prior to
final plat approval, the final plat shall reflect all changes and
as-built conditions and be so certified. If any improvements are constructed
prior to final plat approval, the final plat shall reflect all changes
and as-built conditions and be so certified. Said as-built plan(s)
shall be submitted on Mylar sheets not exceeding twenty-four inches
by thirty-six (24 x 36) inches. The as-built plan(s) shall be required
for any improvements which partially release the performance, safety
and stabilization or temporary certificate of occupancy guarantees.
A.
It shall be the responsibility of the developer to maintain the entire
site or subdivision in a safe and orderly condition during construction.
Necessary steps shall be taken by the developer to protect occupants
of the site or subdivision and the general public from hazardous and
unsightly conditions during the entire construction period. These
steps shall include, but are not limited to, the following:
(1)
Open excavations (less than three feet deep) shall be enclosed
by fencing or barricades during non-construction hours. Movable barricades
shall be equipped with yellow flashing hazard markers or other lighting
during the hours of darkness.
(2)
The excavation of previously installed sidewalk and pavement
areas which provide access to occupied buildings in the site or subdivision
shall be clearly marked with signs and barricades. Alternate safe
access shall be provided for pedestrians and vehicles to the occupied
buildings.
(3)
Materials stored on the site shall be screened from the view
of occupants of the subdivision or site and adjoining street and properties.
(4)
Construction equipment, materials and trucks shall not be stored
within 150 feet of occupied buildings in the site or subdivision and
adjoining streets and properties during non-construction hours.
(5)
Safe vehicular and pedestrian access to occupied buildings in
the site or subdivision shall be provided at all times.
(6)
Construction activities which create obnoxious and unnecessary
dust, fumes, odors, smoke, vibrations or glare noticeable in occupied
buildings in the subdivision or site and adjoining properties and
streets shall not be permitted.
(7)
Construction activities which will result in damage to trees
and landscaping in occupied buildings in the site or subdivision or
adjoining properties shall not be permitted. Trees and shrubs to be
retained shall be protected at the drop line with erection of protective
snow fencing.
(8)
All locations and activities in the site or subdivision which
present potential hazards shall be marked with signs indicating the
potential hazard.
(9)
Unsightly construction debris, including scrap materials, cartons,
boxes and wrappings, must be removed daily at the end of each working
day. Burial of any debris on site is forbidden.
(10)
Whenever construction activities take place within or adjacent
to any traveled way or, interfere with existing traffic patterns in
any manner, suitable warning signs, conforming to the requirements
of the Uniform Manual on Traffic Control Devices, will be erected
and maintained by the developer.
(11)
All trench excavation shall conform to all applicable federal,
state or local regulations and any trench excavations in excess of
three feet average depth, shall be covered during non-construction
hours, and no trenches shall be left uncovered and steel road plates
shall be used to cover the trench opening.
A.
No permanent certificate of occupancy shall be issued for any development,
unit, lot, building or phase of development until all required improvements
are installed and approved by the Township Engineer or other appropriate
authority.
B.
No temporary certificate of occupancy shall be issued for any development,
unit, lot, building or phase of development involving the installation
of utilities or street improvements, parking areas, buffer areas,
storm drainage facilities, other site improvements, the alteration
of the existing grade on a lot or the utilization of a new on-site
well or sanitary disposal system unless the Township Engineer or other
appropriate authority shall have, where applicable, certified to the
following:
(1)
Utilities and drainage. All utilities, including but not limited
to water, gas, storm drains, sanitary sewers, electric lines and telephone
lines, shall have been properly installed and service to development,
unit, lot, building or phase of development from such utilities shall
be available.
(2)
Street rights-of-way. All street rights-of-way necessary to
provide access to the development, unit, lot, building or phase of
development shall have been completely graded, and all slope retaining
devices or slope planting shall have been installed.
(3)
Sidewalks. All sidewalks necessary to provide access to the
development, unit, lot, building or phase of development shall have
been properly installed.
(4)
Streets. Curbing and the bituminous base course of bituminous
concrete streets or the curbing and pavement course for Portland cement
concrete streets necessary to provide access to the development, unit,
lot, building or phase of development shall have been properly installed.
(5)
Curbing and parking areas. Curbing and the bituminous base course
of parking areas necessary to provide access to the required number
of parking spaces for the development, unit, lot, building or phase
of development shall have been properly installed.
(6)
Obstructions. All exposed obstructions in parking areas, access
drives or streets, such as manhole frames, water boxes, gas boxes
and the like, shall be protected by building to the top of such exposures
with bituminous concrete as directed by the Township Engineer.
(7)
Screening, fences and landscaping. All required screening, fencing
and/or landscaping related to the development, unit, lot, building
or phase of development shall have been properly installed unless
the Township Engineer shall direct the developer to delay the planting
of screening and landscaping until the next planting season in order
to improve the chances of survival of such plantings.
(8)
Site grading. All site grading necessary to permit proper surface
drainage and prevent erosion of soils have been completed in accordance
with the soil disturbance plans approved by the Freehold Soil Conservation
District.
(9)
Public water supply. Where the proposed development, unit, lot,
building or phase of development is served by a public water supply,
said supply shall have been installed and tested and all required
backflow detection devices, fire hydrants or fire connections shall
have been installed, tested and approved.
(10)
Lighting. All outdoor lighting shall have been installed and
shall be operational.
(11)
Street signs and traffic control devices. All street signs,
paint lining and/or traffic control devices affecting the development,
unit, lot, building or phase of development and required under the
terms of approval of a subdivision or site plan or by federal, state,
county or municipal rules, regulations or laws shall have been installed.
(12)
Other. Any other conditions established for issuance of a certificate
of occupancy by the municipal agency as a condition of final site
plan approval shall be complied with.
C.
Temporary certificates of occupancy shall be issued for a specified
period of time, not to exceed one year.
A.
All stormwater management facilities "SMF(s)" in any multifamily
residential use development shall be owned by a homeowners' association
or other private owner, which owner shall be designated on the approved
subdivision or site plan.
B.
All SMF(s) located within or as part of a single family residential
use development shall be dedicated to the Township of Monroe and are
subject of the requirements of this chapter.
A.
Maintenance escrows, general. An escrow account shall be required to be posted by a single-family residential use developer who shall have dedicated SMF(s) under Section 108-13.8B. It shall be used for the purpose of reimbursing the Township for any and all costs and expenses incurred by the Township for the short and long-term care and maintenance of a developer's dedicated SMF(s), including, but not limited to, the maintenance, repair, cleaning and replacement of grass, landscaping, fences and any of the immediate surroundings of a detention/retention basin, and the maintenance, repair and replacement of its drainage structures as defined in this chapter.
B.
Maintenance escrow requirements.
(1)
The required escrow amount set forth in the contribution schedule
hereinbelow shall be deposited with the Township prior to the issuance
of any certificate(s) of occupancy within a subject development. Prior
to the issuance of any certificate(s) of occupancy within a subject
development, the Township Engineer shall certify to the Construction
Official that the developer has posted with the Township an escrow
amount in accordance with the contribution schedule. Failure to so
deposit the required escrow amount shall prevent the issuance of any
certificate(s) of occupancy.
(2)
A developer shall pay 115% of the per lot contribution amount
before a certificate of occupancy is issued for the first lot. A subsequent
certificate of occupancy for a lot shall issue only upon payment of
another 115% of the per lot contribution amount. Pursuant to this
formula, a developer shall have fully paid its contribution amount.
The fixed contribution amount per lot shall be assessed pursuant to
the following schedule for the year 2005:
|
Zone
|
Contribution per Lot
|
|---|---|
|
RR-FLP
|
$1,250.00
|
|
R-3a
|
$1,000.00
|
|
R-60
|
$800.00
|
|
R-30
|
$700.00
|
|
R-20
|
$600.00
|
|
R-10
|
$500.00
|
|
R-5
|
$450.00
|
|
Cluster Provisions
|
The underlying zone will be used.
|
The contribution per lot amount is based on the following:
(1) estimated basin requirements for the densities prescribed by the
respective zone designation; (2) estimated annual cost of regular
maintenance of SMF(s); and (3) determination of necessary total annual
reserves based on projected useful life and estimated replacement
costs of SMF(s).
Beginning in 2006, and each year thereafter, on the first of
January, the contribution per lot shall be adjusted upward or downward
by the change in the Cost of Living Index during the previous fiscal
year. All escrow payments shall then be made in accordance with the
revised contribution schedule. The "Cost of Living Index" means the
"Consumer Price Index-All Items" for the New York area, as prepared
and reported by the Bureau of Labor Statistics of the United States
Department of Labor.
(3)
All escrow funds acquired by the Township under this chapter
shall be deposited in an interest bearing escrow account and applied
in furtherance of the purposes of this chapter.
C.
Final acceptance of SMF(s) by the Township of Monroe. Notwithstanding anything herein to the contrary, a performance guarantee and subsequent maintenance guarantee shall be provided by a developer subject to the requirements under this chapter in accordance with Sections 108-13.1, 108-13.2 and 108-13.9 of the Land Development Ordinance. Before the Township Council shall give final acceptance to SMF(s), the following conditions must be satisfied:
(1)
The Township Engineer shall certify that the SMF(s) has been constructed in accordance with the requirements and specifications of Article XII entitled "Design Standards and Improvement Specifications," and in accordance with any and all conditions established by the Board that has approved the development plan; and
(2)
The Township Council shall have released the performance and
maintenance guarantees pertaining to the subject development before
authorizing its final acceptance of the SMF(s).
D.
Responsibility for maintenance.
(1)
All SMF(s) dedicated to the Township shall be maintained by
the Monroe Township Department of Public Works.
(2)
The Township shall, out of the escrow funds created under this
chapter, develop, conduct, implement or carry out any and all actions
designed to maintain, clean, repair or replace all dedicated SMF(s).
Such actions may include, but are not limited to, the maintenance,
cleaning, repair and replacement of the grass, landscaping, fences
and the immediate surroundings of a SMF(s), and the maintenance repair
and replacement of their drainage structures as defined in this chapter.
(3)
The Township Engineer shall annually inspect all dedicated SMF(s)
and shall review their hydrologic characteristics in order to determine
the condition, safety and effectiveness of such SMF(s) and whether
such SMF(s) conform to then current technical and industrial standards.
The Township Engineer shall prepare a report of such findings to the
Township Council and shall make appropriate recommendations to the
Director of Public Works designating which dedicated SMF(s) required
special maintenance, cleaning, repair or replacement.
E.
Use of maintenance escrow accounts.
(1)
The funds of a developer's maintenance escrow account shall
be applied to any and all costs and expenses incurred by the Township
for the maintenance, cleaning, repair and replacement of that developer's
dedicated SMF(s). Any and all costs and expenses incurred by the Township
for such maintenance, cleaning, repair and replacement of that developer's
dedicated SMF(s) shall be charged against its escrow account in accordance
with the following categories of maintenance:
(a)
Maintenance of landscaping, fences and immediate surroundings.
This cost shall be calculated by multiplying the rate per hour of
labor and equipment by the number of hours worked. Any and all additional
stock which shall be necessary to replace or repair landscaping, fences
or a SMF(s) immediate surroundings shall also be charged against the
escrow account.
(b)
Routine mowing of the property. Mowing costs shall be calculated
by multiplying the rate per hour of labor and equipment by the number
of acres mowed. A base number shall also be included for the mobilization
and maintenance of equipment.
(c)
Long-term maintenance, repair and replacement SMF structures.
The annualized long-term maintenance/replacement cost shall be based
on replacement of all SMF structures, reduced to a total annualized
cost using one 15 year life span. Examples of drainage structures
which shall be included as part of this cost are low flow channels,
outlet structures, inlets, rip-rap aprons, impervious cores and/or
liners, and weirs and/or spillways.
(2)
The Township shall use the funds of a developer's maintenance
escrow account to purchase liability insurance for that developer's
dedicated SMF(s).
