A.
Prior to the granting of final approval, the subdivider
shall have installed or shall have furnished performance guaranties
for the ultimate installation of the following when indicated by the
subdivision plan:
(1)
Streets shall be paved as follows:
(a)
The area to be paved shall be graded and compacted
as specified in Section 2.9.3 of the New Jersey State Highway Specifications,
1941 Edition, as amended.
(b)
The first course of pavement shall be a four-inch-thick
macadam base course. Material and workmanship shall comply with Sections
3.2.2 and 3.2.3 of the New Jersey State Highway Specifications, 1941
Edition, as amended.
(c)
The second course shall be a two-inch-thick
layer of modified penetration macadam intermediate course. Material
and workmanship shall comply with applicable sections of the New Jersey
State Highway Specifications, 1941 Edition, as amended.
(d)
The third and final course shall be a one-and-one-half-inch-thick
layer of hot bituminous concrete, Type SM surface course. Material
and workmanship shall comply with all applicable sections of the New
Jersey State Highway Specifications, 1941 Edition, as amended, with
the exception that the fine aggregate shall be asphalt sand.
(e)
The minimum grade on pavement shall be 1%, and
the maximum grade shall be 10%, except that the grades of arterial
and collector streets shall not exceed 6%.
(2)
Street signs shall be placed at all intersections
conforming to street signs now installed in the borough.
(3)
One streetlight shall be provided for every 400 to
500 linear feet of street. Each light shall be mounted on an eight-foot
bracket and shall be of 1,000 lumen size.
(4)
Shade trees shall be located on the street line so
as not to interfere with utilities or sidewalks and shall be one of
the following types: Norway maple, sugar maple or plane trees.
(5)
No topsoil shall be removed from the site or used
as spoil. Topsoil moved during the course of construction shall be
redistributed so as to provide a cover of uniform depth to all areas
of this subdivision and shall be stabilized by seeding or planting.
(7)
Water mains, fire hydrants, culverts, storm sewers
and sanitary sewers shall be properly connected with an approved system
and shall be adequate to handle all present and probable future development.
(8)
Sanitary sewers shall be installed in areas which
are accessible to a public sewer system in accordance with specifications
by the Planning Board, the Board of Health of the Borough and the
Borough Engineer. If a public sewer system is not accessible, a sewerage
disposal system shall be installed in accordance with the requirements
of the State Department of Health and subject to the approval of the
Board of Health. If such public sewer facilities are not accessible,
but will become accessible within a reasonable time, as determined
by plans developed by the borough, sanitary sewers, together with
all necessary laterals extending from the main sewer to the street
curb, shall be installed and capped. In such event, the subdivider
shall also install on-site disposal units, subject to the requirements
and approval of the Board of Health of the borough and the State Department
of Health, where applicable, which shall be so located as to permit
the easiest and least expensive connection to the sewer when it becomes
usable. All such facilities shall be approved by the Planning Board
and the Borough Engineer.
(9)
Utilities.
(a)
For all major subdivisions, the subdivider shall
arrange with any serving utility for the underground installation
of all utility distribution supply lines and service connections in
accordance with the provisions of the applicable Standard Terms and
Conditions incorporated as a part of the tariffs as the same were
then on file with the State of New Jersey Board of Public Utility
Commissioners.
(b)
The subdivider shall submit to the Planning
Board prior to granting of final approval a written instrument from
each serving utility which shall evidence full compliance with the
provisions of this chapter; provided, however, that lots in such subdivisions
which abut existing streets where overhead electric or telephone distribution
supply lines have heretofore been installed on any portion of the
streets involved may be supplied with electric and telephone service
from such overhead lines, but the service connections from the utility's
overhead lines shall be installed underground.
(c)
The location of access facilities for servicing
the utility in the proposed subdivision shall be developed in conjunction
with and as part of the complete subdivision plan.
(d)
Wherever the utility is not installed in the
public right-of-way, an appropriate utility easement not less than
20 feet in width shall be provided.
(e)
The Mayor and Council may waive any of the aforesaid
requirements upon recommendation of the Planning Board.
B.
All of the above-listed improvements shall be subject
to inspection and approval by the Borough Engineer who shall be notified
by the developer at least 24 hours prior to the start of construction.
No underground installation shall be covered until inspected and approved.
[Amended 4-11-2018 by Ord. No. 18:05]
A.
The Borough, before the filing of a final subdivision plat or the recording of a minor subdivision deed, may require the developer to furnish and shall accept in accordance with the standards adopted by this Code and the regulations adopted pursuant to Section 1 of P.L. 1999, c. 68 (N.J.S.A. 40:55D-53a) a performance guarantee, for the purpose of assuring the installation and maintenance of certain on-tract improvements, and a maintenance guarantee, both in accordance with Subsection A(1) and (2) of this section. Successor developers shall furnish a replacement performance guarantee, as a condition to the 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, and the Borough shall accept the replacement performance guarantee in accordance with the standards adopted by this Code and the regulations adopted pursuant to Section 1 of P.L. 1999, c. 68 (N.J.S.A. 40:55D-53a) for the purpose of assuring the installation and maintenance of certain on-tract improvements, the furnishing of a performance guarantee, and provision for a maintenance guarantee, in accordance with Subsection A(1) and (2) of this section.
(1)
Performance guarantee.
(a)
The developer shall furnish a performance guarantee in favor
of the Borough in an amount not to exceed 120% of the cost of installation
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 Borough Engineer, according to the method of calculation set
forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), for
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 (N.J.S.A. 46:23-9.9 et seq.;
repealed by Section 2 of P.L. 2011, c. 217) or N.J.S.A. 46:26B-1 through
N.J.S.A. 46:26B-8, water mains, sanitary sewers, community septic
systems, drainage structures, public improvements of open space, and
any grading necessitated by the preceding improvements.
[1]
The Borough Engineer shall prepare an itemized cost estimate
of the improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obligor.
(b)
The developer also will furnish a performance guarantee to include,
within an approved phase or section of a development privately owned
perimeter buffer landscaping, as imposed as a condition of approval.
[1]
At the developer's option, a separate performance guarantee
may be posted for the privately owned perimeter buffer landscaping.
(c)
If the developer seeks 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, required pursuant to Subsection A(1)(a) of this section, which relate to the development, unit, lot, building, or phase of development of 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 Zoning Officer and Borough Engineer. The Borough will not hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Zoning Officer, or the Borough Engineer 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.
(d)
A developer shall furnish to the Borough a safety and stabilization
guaranteed in favor of the Borough. At the developer's option, a safety
and stabilization guarantee may be furnished either as a separate
guarantee or as a line item of the performance guarantee. A safety
and stabilization guarantee shall be available to the Borough solely
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, 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 Borough to the developer of the Borough's
intent to claim payment under the guarantee. The Borough shall not
provide notice of its intent to claim payment under a 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 Borough shall provide written notice to a developer by
certified mail or other form of delivery providing evidence of receipt.
[a]
The amount of a safety and stabilization guarantee
for a development with bonded improvements in an amount not exceeding
$100,000 shall be $5,000.
[b]
The amount of a 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:
[c]
The Borough shall release a separate "safety and
stabilization guarantee" to a developer upon the developer's furnishing
of a performance guarantee that includes a line item for safety and
stabilization in the amount required under this paragraph.
[d]
The Borough shall release a "safety and stabilization
guarantee" upon the Borough 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.
(2)
Maintenance guarantee.
(a)
The developer shall post with the Borough, prior to the release of a performance guarantee required pursuant to Subsection A(1)(a), (b), or both Subsection A(1)(a) and (b) of this section, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
(b)
If required, the developer shall post with the Borough upon
the inspection and issuance of final approval of the following private
site improvements by the Borough 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,
which cost shall be determined according to the method of calculation
set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
(c)
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)
If 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 Borough for such utilities or improvements.
B.
The time allowed for installation of the bonded improvements for
which a performance guarantee has been provided may be extended by
the governing body by resolution. As a condition or as part of any
such extension, the amount of any performance guarantee shall be increase
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
Borough Engineer according to the method of calculation set forth
in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4) as of the
time of the passage of the resolution.
C.
If the required bonded improvements are not completed or corrected
in accordance with the performance guarantee, 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. Such completion or correction of improvements shall
be subject to the public bidding requirements of the Local Public
Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).
D.
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Borough Clerk, that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section, a list of all incomplete or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Borough Engineer. The request shall indicate which improvements have been completed and which improvements remain incomplete in the judgment of the obligor. Thereupon the Borough Engineer shall inspect all bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(1)
The list prepared by the Borough Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the Borough Engineer 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 prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section.
E.
The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Borough 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 Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Borough Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the 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.
(1)
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 prepared by the Borough engineer 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% of the total amount of the performance guarantee, then the Borough may retain 30% 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 Borough below 30%.
(2)
If the obligor has made a cash deposit with the Borough as part of
the performance guarantee, then any partial reduction granted in the
performance guarantee pursuant to this subsection shall be applied
to the cash deposit in the same proportion as the original cash deposit
bears to the full amount of the performance guarantee provided that
if the developer has furnished a "safety and stabilization guarantee"
the Borough may retain cash equal to the amount of the remaining safety
and stabilization guarantee, the Borough may retain cash equal to
the amount of the remaining safety and stabilization guarantee.
F.
If any portion of the required bonded improvements is rejected, the
Borough may require the obligor to complete or correct such improvements
and, upon completion or correction, the same procedure of notification,
as set forth in this section shall be followed.
G.
Inspection fees.
(1)
The obligor shall reimburse the Borough for reasonable inspection fees paid to the Borough engineer for the foregoing inspection of improvements, which fees shall not exceed the sum of the amounts set forth in Subsection G(1)(a) and (b) of this section. The Borough may require the developer to post the inspection fees in escrow in an amount:
(2)
For those developments for which the inspection fees total less than
$10,000, fees may, at the option of the developer, be paid 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 20% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Borough Engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
(3)
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. 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 Borough Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
(4)
If the Borough determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection G(1)(a) and (b) of this section, 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, signed by the Borough Engineer, 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.
H.
If final approval is by stages or sections of development pursuant
to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38),
the provisions of this section shall be applied by stage or section.
I.
If any of the improvements have been dedicated to the Borough on a subdivision plat or site plan, the governing body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plan and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Borough Engineer.
[1]
Editor's Note: Former § 232-13.1, Maintenance guarantee,
added 11-9-2016 by Ord. No. 16:23, which immediately followed, was repealed 4-11-2018 by Ord. No. 18:05.
