Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of Manville, NJ
Somerset County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Code
New Laws (0) Index
[Ord. No. 642; readopted by Ord. No. 2020-1235]
No final plat shall be approved until all items required by this Ordinance, such as but not limited to streets, street signs, curbs, gutters, culverts, trees, surveyor's monuments, soil erosion and stormwater control measures, water mains, storm sewers, sewage treatment plant, sanitary sewers, dry sanitary sewers and such other improvements, on-site, off-site, and off-tract, as required in the public interest, have been completely and satisfactorily installed, inspected, certified and approved by the Borough Engineer and accepted by the Mayor and Council, and a maintenance guarantee has been filed and accepted by the Mayor and Council, in accordance with the requirements of this Ordinance, or their installation shall have been provided for by a performance guarantee accepted and approved by the Mayor and Council in accordance with the requirements of this Ordinance before approval of the final plat. No maintenance bond shall be accepted nor shall any partial facility be accepted for any item which has further stages of work to be completed or which will need to be altered or reworked in any manner due to the installation or connection of any other facility. Any improvements installed prior to final plat application that do not meet Borough standards shall be added to the performance guarantee.
No performance guarantee or maintenance guarantee shall be required for the installation of improvements for utilities, which improvements have been installed by the utility company involved.
The applicant shall submit an engineer's itemized cost estimate for review and consideration by the Borough Engineer. The Borough Engineer shall review same and shall prepare a performance guarantee estimate and submit same to the Approving Authority as part of his report on final plat review, completely detailing the scope of work and cost required for the construction of necessary public improvements. Said guarantee shall cover maintenance of these improvements until final acceptance by the Mayor and Council. The cost estimate shall separate out improvements to be completed in the public right way, work to be dedicated to the Borough, work to within other agency jurisdictions, and improvements described below in 30-804 that the Borough is permitted to requests bonds for and work that the Borough is not permitted to request bonds for.
a. 
Before recording 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 to N.J.S.A. 40:55D-65, the Borough or Planning Board may require and shall accept, in accordance with the standards adopted herein, for the purpose of assuring the installation and maintenance of certain on-tract improvements;
1. 
The furnishing of a performance guaranty in favor of the Borough in an amount equal to 120% of the cost of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the developer and approved by the municipal engineer, according to the method of calculation set forth in N.J.S.A. 40:55D-53.4, for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments, as shown on the final map and required by "the map filing law," P.L.1960, c.141, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. The performance guarantee may also be required to include, at the discretion of the Borough or Planning Board, a guarantee for the installation of privately-owned perimeter buffer landscaping. At the developer's option, a separate performance guarantee may be posted for the privately-owned perimeter buffer landscaping. The developer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee for review and approval by the municipal engineer, which improvements shall be appended to each performance guarantee posted by the obligor.
2. 
The developer shall post with the Borough, prior to the release of the performance guarantee, a maintenance guarantee in an amount equal to 15% of the cost of the installation of the improvements covered under the performance guarantee, along with 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, which itemized cost shall be determined by the developer and approved by the municipal engineer according to the method of calculation set forth in 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.
3. 
The furnishing of a "safety and stabilization guarantee" in favor of the Borough to ensure that the Borough has an adequate guarantee to return the 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 condition. The Borough shall be permitted to access the guarantee when (a) 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 (b) work has not recommenced within 30 days following the provision of written notice by the municipality to the developer of the municipality's intent to claim payment under the guarantee. At the developer's option, the "safety and stabilization guarantee" may be included as a line item for safety and stabilization in the performance guarantee rather than in the form of a separate guarantee. The amount of the safety and stabilization guarantee shall be calculated pursuant to N.J.S.A. 40:55D-53.4 as follows:
(a) 
$5,000 for the first $100,000 of bonded improvement costs, plus
(b) 
Two and a half percent (2.5%) of bonded improvement costs in excess of $100,000 up to $1,000,000; plus
(c) 
One percent of bonded improvement costs in excess of $1,000,000.
b. 
The time allowed for installation of the bonded improvements for which the performance guaranty has been provided may be extended by the governing body by resolution. As a condition or part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined by the developer and approved by the municipal 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.
c. 
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 Borough for the reasonable cost of the improvements not completed or corrected, and the Borough may, either prior to or after the receipt of the proceeds thereof, complete such improvements.
d. 
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 notify the governing body in writing by certified mail addressed in care of the Municipal Clerk of the completion or substantial completion of bonded improvements and shall send a copy thereof to the municipal engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the Municipal Engineer shall inspect all bonded improvements of which such notice has been given and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
e. 
The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the municipal engineer, or reject any or all of these bonded 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 municipal engineer and appended to the performance guarantee. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the municipal 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 bonded 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 total performance guarantee and "safety and stabilization guarantee" posted may be retained to ensure completion and acceptability of all improvements. The "safety and stabilization guarantee" shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate which formed the basis of the performance guaranty and appended to the performance guarantee pursuant to subsection a of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70 percent of the total amount of the performance guarantee, then the municipality may retain 30 percent of the amount of the total performance guarantee and "safety and stabilization guarantee" to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a "temporary certificate of occupancy guarantee" has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30 percent.
f. 
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements, and upon completion, 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 Municipal Engineer.
h. 
The obligor shall reimburse the municipality for reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of the improvements, which fees shall not exceed the sum of the amount set forth in N.J.S.A. 40:55D-53. The municipality may require of the developer to post the inspection fees in escrow in an amount calculated as follows: (a) except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements subject to a performance guarantee; plus (b) an amount not to exceed 5% of the cost of private site improvements not subject to a performance guarantee, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
If the Borough determines that the amount in escrow for the payment of inspection fees, as calculated herein, is insufficient to cover the cost of additional required inspections, the Borough may require the developer to deposit additional funds in escrow provided that the Borough delivers to the developer a written inspection escrow deposit request which informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
i. 
In the event that final approval is by stages or sections of development pursuant to Subsection a of Section 29 of the Municipal Land Use Law (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
j. 
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee" in favor of the Borough 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, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released.
The scope and amount of the "temporary certificate of occupancy guarantee" shall be determined by the construction code official, zoning officer, municipal engineer, or any other municipal official designated by ordinance. The "temporary certificate of occupancy guarantee" shall be released by the construction code official, zoning officer, municipal engineer, or other municipal official designated by ordinance upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
k. 
If the property or any part of same is sold, or otherwise conveyed to a successor Developer prior to the completion and acceptance of all improvements, an Assignment of Developer's Agreement, and new performance, maintenance or other guarantees shall be required from the new owner or successor Developer. Upon the transfer of ownership of property that is the subject of a construction permit, and prior to beginning or continuing work authorized by the construction permit, the new owner or successor Developer shall file with the building department an application for a permit update to notify the building department of the name and address of the new owner or successor Developer and of all other changes to information previously submitted to the building department. The building department shall not approve the application for a permit update until it receives notification from the governing body or its designee that the new owner or successor Developer has furnished adequate replacement performance, maintenance or other guarantees and Assignment of Developer's Agreement.
The Borough Clerk shall notify Approving Authority and the Borough Engineer prior to the Approving Authority's next regular meeting that the performance guarantee has been approved and accepted by the Mayor and Council.
[Ord. No. 724; Ord. No. 2017-1191]
[1]
Note: See now Fees and Escrow Deposits in Article 11.
a. 
In no case shall any work be done without permission from the Borough Engineer prior to any such construction so that a representative of the Borough Engineer's office may be present at the time the work is to be done. Prior to the installation of improvements, cut sheets identifying field control points shall be submitted to the Borough Engineer. At least one up-to-date, complete, "approved for construction" set of plans is to be maintained at the site of the work, available for inspection by contractors, subcontractors, materials men and the Borough inspector during normal working hours.
b. 
Construction procedures, safety equipment and site conditions shall provide for the safety of all personnel, are the continuing responsibility of the owner and shall fully comply with the provisions of the Federal Occupational Safety and Health Act (OSHA) and the State Safety Code, particularly as they relate to excavations, sheeting, shoring, pumping and baling.
c. 
All materials shall be new, free of defects, protected and stored in a safe manner prior to incorporation in the work. The exterior of all structural elements, including pipe materials, shall be clearly marked with the name of the manufacturer of trademark, strength class and standard, date and location of manufacture.
d. 
No underground facilities or materials shall be installed until the trench or general excavation subgrade and materials have been inspected and approved by the Borough Engineer or his duly authorized representative. Defective or damaged materials shall be removed from the site and replaced at the owner's expense. Unacceptable subgrade conditions shall be corrected at the owner's direction, to the approval of the Borough Engineer. Installation procedures shall conform to manufacturer's recommendations and/or trade standards for first-class construction. No underground installation shall be back-filled prior to inspection of the completed work and remedy of any apparent defects in materials or workmanship, except as provided in Section 30-808, below.
e. 
Backfill procedures shall be acceptable to the Borough Engineer incident to protection of the installed work, in addition to the owner's responsibility for safe and proper procedures. Backfill for all excavations within public road rights-of-way shall comply with standards promulgated by the Borough Engineer and adopted by the Mayor and Council. Backfill material shall be select excavated material of low plasticity or suitable off-site or off-tract select material, properly placed and tamped to eliminate unacceptable settlement of following or future surface improvements or adjacent underground improvements.
f. 
The Borough Engineer shall be notified in writing with a copy to the Approving Authority and Construction Official not less than one month in advance of the start-up of a new project and not less than two weeks in advance of a general shutdown (winter or end of work) or general restart (spring) of construction on an active project.
Construction permits in a development or in an approved subdivision, except for model buildings in the first section of the development or subdivision, will be issued only when the installation of curbs, utilities in or under the street cartway, functioning water supply and waste water disposal facilities necessary underground and/or surface storm facilities to insure proper drainage of the lots and surrounding land, rough grading of lots according to the standard of the approved soil erosion and sediment control plan for the buffer plantings and berms, street subbase and base courses and such other improvements as are specifically required by the Planning Board are installed to serve all lots and structures within the development or within the section thereof to which final subdivision approval has been granted, prior to the issuance of building permits. The owner shall request and the Construction Official shall receive favorable reports from all involved utilities and inspection officials certifying the conditional acceptance for use subject to minor punch list repairs, and final acceptance by the governing body of necessary installed improvements, where appropriate. Permits for model buildings in the first section granted final approval may be issued on commencement of construction of improvements. The number of permits for such model buildings in the tract shall not be exceed six or 10% of the total number of buildings to be erected upon residential building lots which have been granted preliminary subdivision approval in this subdivision or development, whichever number is less.
As a minimum, these certifications must be received from all involved utility companies, the Plumbing Subcode Official, the involved sewerage agency, and the Borough Engineer. Completion of all improvements within the development or approved subsection, including installation of any remaining utilities in or under the sidewalk, installation of sidewalks, surface course paving, final site grading and seeding and plantings, subject only to minor punch list repairs or replacements and final acceptance by the governing body, will be required prior to the issuance of the last 30% of occupancy permits in the development or approved subsection thereof and prior to issuance of building permits in any subsequent subsection of the development, or, in lieu thereof, the owner shall post a cash bond in an amount equal to the cost of said remaining improvements, as determined by the Borough Engineer, said costs to include allowances for contingency and engineering fees and the cost of a maintenance bond, all in accordance with the terms and conditions of the "Borough of Manville Standard Form of Escrow Agreement on Certificates of Occupancy," a copy of which is filed with the Borough Clerk and incorporated herein by reference.
Public streetlighting as necessary shall be installed and operational prior to the issuance of any occupancy certificates. Additional public streetlighting as necessary shall be installed and operational prior to the issuance of additional occupancy certificates. The developer shall, in coordination with the electric utility company, Police Department and Mayor and Council, arrange for timely installation and activation of necessary facilities and shall pay all installation, operation and maintenance costs up to the date of final acceptance of the improvements.
Fire hydrants as necessary within public road rights-of-way shall be installed and operational prior to the issuance of any certificate of occupancy. The developer, in coordination with the water utility company, Fire Company, Borough Engineer and Mayor and Council, shall arrange for the timely installation and activation of necessary facilities and shall pay all installation, operation and maintenance costs up to the date of final acceptance of the improvements.
Inspection by the Borough of the installation of improvements and utilities by the developer shall not subject the Borough to liability for claims, suits or liability of any kind that may arise, because of defects or negligence, it being recognized that the responsibility to provide proper utilities and improvements and to maintain safe conditions at all times on all parts of the tract, whether construction is waiting to start, is in process or is completed, or any combination of conditions on all or a part of the tract, is upon the developer and his contractors or subcontractors, if any.
After completing the construction of the public improvements covered by the performance guarantee, the developer shall prepare one set of public improvements and utility plans and the profiles, updated to show "as built" conditions drawn with waterproof black ink on translucent linen, and apply to the Borough Engineer for final inspection of the work. (See Section 30-814.)
The amount of the performance guarantee may be reduced by the Mayor and Council by resolution when portions of the required improvements have been installed and have been inspected and approved by the Borough Engineer, provided, however, that no such reduction shall be approved until the Borough Engineer shall have certified the estimated cost of completing any remaining required improvements, and provided further that no reduction shall be approved that will result in the performance guarantee or any portion of the performance guarantee being reduced to less than 15% of the original cost of any improvement(s) until all improvements have been completely installed, approved and accepted by the Mayor and Council and a maintenance guarantee secured as outlined below. Reductions shall be made in the amount of outstanding bonds prior to any reduction of the cash deposit. If any improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereon to the Borough for the reasonable cost of completing the improvement(s).
Upon substantial completion of all required appurtenant utility improvements, and the connection of same to the public system, the obligor may notify the Mayor and Council in writing, by certified mail addressed in care of the Borough Clerk of the completion or substantial completion of improvements and shall send a copy thereof to the Borough Engineer. Thereupon the Borough Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Mayor and Council, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
The Mayor and Council shall either approve, partially approve or reject the improvements, on the basis of the report of the Borough Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of the Mayor and Council with relation thereto, not later than 45 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure part of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to insure completion of all improvements. Failure of the Mayor and Council to send or provide such notification to the obligor within 45 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 for such improvements.
The obligor shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements.
In the event that final approval is by stages or sections of development pursuant to subsection a of Section 29 of the Municipal Land Use Law (40:55D-38), the provisions of this section shall be applied by stage or section.
If any portion of the required improvements are rejected, the Approving Authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification, as set forth in this section shall be followed.
Failure of the developer, his contractor, subcontractors or agents to conform to the specifications for installing and/or maintaining improvements as approved by the Approving Authority, or to proceed in a safe manner, rendering conditions hazardous to the workmen, materials, equipment, installation or the public, will be just cause for the suspension of work being performed, and no person, firm or corporation shall have the right to demand or claim damages from the Borough of Manville, its officers, agents or servants by reason of such suspension by the Borough Engineer. Directives for suspension of all or part of the work, as appropriate, shall be in writing delivered by the Borough Engineer, with a copy to the Borough Clerk, Construction Official, Chairman of the Approving Authority and Mayor within 24 hours. If required, the police powers of the Borough may be used to enforce such suspension of work. Work shall not resume until the cause or causes of such suspension are eliminated to the satisfaction of the Borough Engineer.
The approval of any plat under this chapter by the Approving Authority shall in no way be construed as acceptance of any street, drainage system or other improvement required by this chapter, nor shall such plat approval obligate the Borough in any way to maintain or exercise jurisdiction over such street, drainage system or other improvement. Acceptance of any street, drainage system or other improvement shall be implemented only by favorable action by the Mayor and Council. No improvement shall be accepted by the Mayor and Council unless and until all of the following conditions have been met:
a. 
The Borough Engineer shall have certified in writing to the Approving Authority and Mayor and Council that all the improvements are complete and that they comply fully with the requirements of this chapter and of other applicable local ordinances.
b. 
Maintenance Guarantee.
1. 
The developer shall have filed with the Mayor and Council and the Mayor and Council shall have accepted and approved a maintenance guarantee of not more than 15% of the original estimates of the cost of installing the improvements, which guarantee shall run for a period of two years. The final amount of the maintenance guarantee shall be based on the recommendation(s) of the Borough Engineer, who shall consider, among other things, the length of time the improvement has been installed prior to the filing of the maintenance guarantee.
2. 
The procedures and requirements governing such maintenance guarantee shall be identical to the procedures and requirements for a performance guarantee set forth above.
In any case where it becomes necessary to renew or extend a performance guarantee or maintenance guarantee, the amount thereof shall be re-computed by the Borough Engineer and may be increased to meet then current conditions and cost estimates.