With respect to all applications for subdivision and site plan
approval, the Town of West New York Planning Board shall condition
any such approval upon the execution of a developer's agreement
between the Town of West New York Planning Board (the "Planning Board")
and/or the Town of West New York Zoning Board of Adjustment (the "Board
of Adjustment") and the applicant specifying, in part, off-site, on-tract
or off-tract improvements, public improvements, bonding requirements,
escrow requirements, other conditions imposed by the Town and such
other terms and conditions as the Town deems appropriate. The Planning
Board and/or Board of Adjustment may waive the requirement of a developer's
agreement in appropriate circumstances. Unless so waived, no certificate
of occupancy or building permit shall be issued respecting any application
for development requiring subdivision or site plan approval unless
the applicant has entered into a developer's agreement of a form
specified herein.
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 to Subsection
d of Section 52 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-65), or 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, the Town shall require and shall
accept in accordance with the standards set forth hereinafter and
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 as set forth
in this section.
A. The developer shall furnish a performance guarantee in favor of the
Town 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 Town 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:
(8) 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 46:26B-8;
(11)
Community septic systems;
(13)
Public improvements of open space; and
(14)
Any grading necessitated by the preceding improvements.
B. The developer shall also furnish a performance guarantee to include,
within an approved phase or section of a development, privately owned
perimeter buffer landscaping, as required by the Town Code or imposed
as a condition of approval. At a developer's option, a separate
performance guarantee may be posted for the privately held perimeter
buffer landscaping.
C. The Town 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.
The developer shall also furnish to the Town a safety and stabilization
guarantee in favor of the Town. 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 Town 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:
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.
B. Work has not recommenced within 30 days following the provision of
written notice by the Town to the developer of the Town's intent
to claim payment under the guarantee.
C. The Town 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 Town shall provide written
notice to the developer by certified mail or other form of delivery
providing evidence of receipt.
D. 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.
E. The amount of a safety and stabilization bond 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:
(1) $5,000 for the first $100,000 of bonded improvement costs, plus 2 1/2%
of bonded improvement costs in excess of $100,000 up to $1,000,000;
plus
(2) One percent of bonded improvement costs in excess of $1,000,000.
F. The Town shall release a separate safety and stabilization guarantee
to a developer upon the developer's furnishing of a performance
guarantee which includes a line item for safety and stabilization
in the amount required under this subsection.
G. The Town shall release a safety and stabilization guarantee upon
the Town Engineer's or other municipal official's (designated
by ordinance) 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.
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 Town 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 previously furnished
by the developer 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 Town
Engineer or such other municipal official designated by ordinance.
The temporary certificate of occupancy guarantee shall be released
by the Town 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.
Prior to the release of a performance guarantee required pursuant
to this section, the developer shall post with the Town a maintenance
guarantee in an amount not to exceed 15% of the cost of the installation
of the improvements which are being released.
A. The developer shall post with the Town, upon the inspection and issuance
of final approval of the following private site improvements by the
Town Engineer, a maintenance guarantee in an amount not to exceed
15% of the cost of the installation of the following private site
improvements, 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):
(1) Stormwater management basins;
(2) In-flow and water quality structures within the basins; and
(3) The outflow pipes and structures of the stormwater management system,
if any.
B. 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.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Town for such utilities or improvements.
In the event that 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.
To the extent that any of the improvements have been dedicated
to the Town on the subdivision plat or site plan, the governing body
shall be deemed, upon the release of any performance guarantee required
pursuant to this section, to accept dedication for public use of streets
or roads and any other improvements made thereon according to site
plans and subdivision plats approved by the approving authority, provided
that such improvements have been inspected and have received final
approval by the Town Engineer.