[Amended 12-27-2001 by Ord. No. 2001-035; 6-27-2002 by Ord. No. 2002-017; 12-12-2002 by Ord. No. 2002-040]
A. 
Before recording of final subdivision plats or as a condition of final site plan approval, the developer shall furnish performance guaranties as required by § 215-17.5 for the ultimate installation of the following improvements:
(1) 
Streets, grading and streetlights.
(2) 
Street name signs at all street intersections within or abutting the subdivision.
(3) 
Curbs.
(4) 
Sidewalks.
(5) 
Shade trees.
(6) 
Monuments. All monuments shall be of the size and shape required by Section 3q of Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.11q[1]) and placed in accordance with the statute.
[1]
Editor's Note: Repealed by L. 2011, c. 217, § 2, effective May 1, 2012.
(7) 
Storm drains.
(8) 
Bulkheads.
(9) 
Landscaping, topsoil and seeding on all right-of-ways.
(10) 
Soil erosion and sedimentation control measures. All improvements shall be designed, constructed and placed in accordance with any applicable standards and specifications of the Township or county, state or federal regulatory agencies. The developer may construct improvements prior to final approval and filing of the final plat, provided that final construction drawings have been received and approved by the Township Engineer as specified under § 215-10.7, upon notification to the Board 45 days prior to the start of construction, furnishing of performance guarantees and receipt of any zoning permits required under Township Code, and payment of inspection fees as specified in this chapter, seven days prior to the start of construction.
B. 
As a condition of final approval of a subdivision application or site plan application and prior to any construction by the developer, there shall be executed by the developer and the Township of Little Egg Harbor an agreement incorporating all terms and conditions of approval imposed by the Board and the Township Code. This agreement shall be referred to as a "developer's agreement." The developer's agreement shall be prepared by the Attorney to the Planning Board. The Board, by resolution of approval of the developer's agreement, shall forward same to the Township Committee for its execution. The Township Attorney shall review the developer's agreement for sufficiency of form and substance prior to execution by the proper Township Official. If the developer's agreement meets with the approval of the Township Attorney as to the sufficiency of form and substance, the Township Attorney shall present the developer's agreement to the proper Township Official for execution within 30 days of the date of the submission of said developer's agreement to the Township Attorney. Coincident with the developer posting the bond, cash performance guarantee and deposits required under this chapter, the developer's agreement shall be executed. The developer shall reimburse the municipality for all costs related to the preparation of said agreement.
To determine the required improvements, the Board will consider:
A. 
The probable development of various parts of the Township as reflected in the Master Plan and Zoning Ordinance.[1]
[1]
Editor's Note: This chapter.
B. 
The necessity of safe, convenient and pleasant means for the movement of traffic.
C. 
The protection of the public health, safety, comfort, convenience and general welfare.
D. 
The presentation of the ecology and natural environment to the extent that the provision of necessary public services allows the preservation of such environment.
No certificate of occupancy shall be issued for any use or building involving the installation of utilities or street improvements, parking areas, buffer areas, storm drainage facilities, 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:
A. 
Utilities and drainage. All utilities, including, but not limited to, storm drains and street lighting, shall have been properly installed and serviced to the lot, building or use.
B. 
Grading of street right-of-ways. All street right-of-ways necessary to provide access to the lot in question shall have been completely graded, and all slope-retaining devices or slope plantings shall have been installed.
C. 
Sidewalks. All sidewalks necessary to provide access to the lot in question shall have been properly installed.
D. 
Curbing, parking areas and streets. Curbing, driveways, complete parking areas and the bituminous base course necessary to provide access to the proposed lot, building or use shall have been properly installed.
E. 
Roadway obstructions. All exposed obstructions in bituminous concrete 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.
F. 
Buffer areas and grading of lots. The lot in question shall have been fully graded, and all lot grading on adjacent areas affecting drainage on or across the lot in question shall be complete, and all plantings and required buffer areas or fences shall have been provided or bonded in accordance with the requirements of the approved final plat, if any, or as required by the Township Engineer to permit proper surface drainage and prevent erosion of the soils.
G. 
On-site wells. All on-site wells shall have been installed, tested and approved by the Township Board of Health.
H. 
Public water supply. Where the proposed lot, building or use is served by a public water supply, the supply shall have been installed and tested, and all required fire hydrants or fire connections shall have been installed, tested and approved.
I. 
Street signs and traffic control devices. All street signs and/or traffic control devices affecting the proposed lot, building or use and required under the terms of approval of a final plat or by federal, state, county or municipal rules, regulations or laws shall have been installed.
J. 
Other. Any other conditions established for issuance of a certificate of occupancy by the Board as a condition of final approval shall be complied with.
K. 
This subsection shall be applicable to all subdivisions, site plans and all individual dwelling unit site disturbances.
L. 
Completion of or posting of a performance bond guaranteeing the completion of all required recreational areas as required by the Township of Little Egg Harbor.
M. 
For nonresidential site plans, completion of and the posting of a maintenance bond for all improvements or in the case that all improvements have not been installed, then the posting of a performance bond guaranteeing the completion of all required on-site improvements required as part of the approved site plan.
A. 
General requirements. All improvements, except as otherwise provided, shall be subject to inspection and approval by the Township Engineer. No underground installation shall be covered until inspected and approved by the Township Engineer or those agencies having jurisdiction over the particular installation. If such installation is covered prior to inspection, it shall be uncovered or other inspection means used, such as television or other pipeline camera, as may be deemed necessary by the Township Engineer, and charges for such work will be paid for by the developer. The appropriate engineer shall be notified by the developer at least 48 hours prior to the start of construction.
B. 
Inspection not acceptance. Inspection of any work by the Township Engineer or his authorized representative 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 effect 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 his performance guaranty shall be the full responsibility of the developer, and the work shall not be considered accepted until release of the performance guarantee.
C. 
Payment to contractors. No developer shall enter into any contract requiring the Township Committee, the Township Engineer or any of their agents, employees or other representatives to make any declarations, written or otherwise, as a condition of payment of the developer to a contractor as to the acceptance or rejection of the work. Neither the Township Committee, the Township Engineer nor any of their agents, employees or representatives shall make any such declaration.
A. 
No final subdivision or site plan shall be signed by the municipal agency or a zoning permit issued for site improvements by the Zoning Officer, unless the developer has filed with the Township (or with the Little Egg Harbor Municipal Utilities Authority, in the case of water and sanitary and sewerage facilities) a guarantee ensuring the installation and maintenance of improvements and which meets the approval of the Township Engineer and Attorney as to sufficiency, form and execution as follows:
(1) 
For subdivisions and residential site plans, all required off-tract and on-site improvements.
(2) 
For nonresidential site plans, all required off-tract improvements and only those on-site improvements which will be constructed in public right-of-ways or easements. In the case of on-site improvements which are not in public right-of-ways or easements, only a maintenance guaranty is required at the time of issuance of a certificate of occupancy.
B. 
Such performance guarantee shall cover the cost of installation of the improvements as set forth in § 215-17.1 deemed necessary and appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments as shown on the final map and required by the Map Filing Law,[1] culverts, storm sewers, means of sewage disposal other than sanitary sewers, drainage structures, erosion and sedimentation control devices and public improvements of open space; provided, however, that where a subdivision lies in an area to be serviced by a public utility (i.e., water, sewer, electric, etc.), the performance bond shall inure to the benefit of said utility.
[1]
Editor's Note: See N.J.S.A. 46:26b-1 et seq.
C. 
The cost of installation of improvements shall be estimated by the Township Engineer based on documented costs for public improvements prevailing in the general area of the Township. The estimate prepared by the Township Engineer shall be appended to each performance guarantee posted by the developer. The amount of this estimate may be appealed by the developer pursuant to the provisions of N.J.S.A. 40:55D-53.4.
D. 
The total performance guarantee shall be an amount equal to 120% of the performance guarantee cost estimate. 10% of the performance guarantee shall be posted in cash, certified check or irrevocable letter of credit as approved by the Planning Board attorney for compliance with the provisions of N.J.S.A. 40:55D-53.5. The remainder of the performance guarantee shall be posted entirely by either certified check, irrevocable letter of credit or surety bond, or any combination of the three.
E. 
The amount of performance guarantee may be revised by the Township Committee from time to time to update estimated costs and corresponding performance bond amounts for all remaining work. This shall be done at the two-year anniversary date from final application approval for each successive two years thereafter. If the required improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereon, at the option of the municipality, for the reasonable cost of the improvements not installed, and, upon receipt of the proceeds thereof, the municipality shall install such improvements or provide for the completion of all required improvements. The Township Engineer's certification that the developer has satisfactorily installed or has defaulted in meeting the required standards of the construction shall be the basis for the governing body's action which accepts or rejects the improvements, withholds approval or may extend the time allowed for installation of the improvements. All costs of installation of improvements shall be estimated by the Township Engineer in accordance with Subsection C above.
F. 
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and the Township 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.[2]
[2]
Editor's Note: See N.J.S.A. 40a:11-1 et seq.
G. 
Notification of completion.
(1) 
When all the required improvements have been completed, or substantially completed as provided in N.J.S.A. 40:55D-53(d), the developer may request the Township Committee, in writing, by certified mail addressed to the Township Clerk, that the Township Engineer prepare a list and report of all uncompleted or unsatisfactorily completed improvements. The request shall include the following:
(a) 
A statement by the applicant indicating the construction has been completed in accordance with the approved plans and specifications and that reproducible as-built plans have been transmitted to the Township Engineer.
(b) 
A statement by the applicant indicating which improvements remain uncompleted.
(c) 
One reproducible copy, on material acceptable to the engineer, and three prints of the as-built plans marked with the approval of the engineer as follows:
RECORD PLANS.
Contractor
Accepted by Township Engineer
Date
(d) 
If appropriate, such legal documents as are necessary to convey the interests in the facilities to the Township.
(e) 
If appropriate, such legal documents as are necessary to convey title to all required lands or easements to the Township.
(f) 
Maintenance guarantee equal to 15% of the performance guaranty ensuring the satisfactory performance of completed systems for a period of two years.
(g) 
Affidavit that all contractors, subcontractors and material men have been paid.
(2) 
Inspection by Township Engineer; report and list.
(a) 
The Township Engineer shall then inspect the aforesaid improvements. The Township Engineer shall file a detailed list and report, in writing, with the Township Committee, and shall simultaneously send a copy to the developer not later than 45 days after receipt of the developer's request.
(b) 
The list filed by the Township Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and the extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each 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 improvement, in accordance with the itemized cost estimate prepared by the Township Engineer.
(3) 
In accordance with N.J.S.A. 40:55D-53e(1), the Township Committee, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these 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 Township Engineer and appended to the performance guarantee pursuant to § 215-17.5. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Committee, 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 performance guaranty posted may be retained to ensure completion and acceptability of all improvements.
(4) 
If the Township Engineer fails to provide the list and report requested by the developer, the developer may apply to the court in a summary manner for relief.
(5) 
If the developer has made a cash deposit with the Township as part of the performance guarantee, then any partial reduction granted in the performance guarantee 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.
(6) 
If any portion of the improvements shall not be approved or shall be rejected by the Township Committee, the developer shall cause the same to be completed or corrected and, upon completion or correction, the same procedure of notification as outlined herein shall be followed.
(7) 
The developer and/or surety shall reimburse the municipality for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements.
(8) 
Nothing contained herein shall absolve the developer or surety from latent defects in the construction or installation of the improvements should the same become ascertainable subsequent to the inspection and procedures as outlined above.
(9) 
If the developer fails, neglects or refuses to correct deficiencies as may be discovered by the procedures outlined or which may be found to exist as a result of an inspection of the development, the municipality is hereby authorized and empowered to correct the deficiencies after the expiration of a reasonable period of time and/or upon the failure of the developer or surety to take affirmative steps to correct such deficiencies; provided, however, that the municipality shall not be deemed liable, responsible or compellable to proceed with the corrections or installation.
(10) 
Nothing contained herein shall affect the obligations of any person relating to the performance of the obligations hereunder to post a sufficient maintenance guaranty relative to the required improvements.
(11) 
Nothing contained herein, however, shall be construed to limit the right of the developer to contest by legal proceedings any determination of the Township Committee or the Township Engineer.
H. 
Whenever the performance guarantee required under Subsection C is deposited in cash or by certified check, it shall continue to be the property of the applicant and be held in trust by the Township until it is repaid or applied to the purposes for which it was deposited. The money so received shall be held in escrow and deposited in a banking institution or savings-and-loan association in this state, insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the State of New Jersey, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Planning Board or Board of Adjustment Secretary shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. If the amount of interest earned on the deposit exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the Township on an annual basis or at the time the deposit is repaid or applied for the purpose it was deposited; provided, however, that the Township may retain for administrative expenses a sum equivalent to no more than 33 1/3% of the entire amount, which shall be in lieu of all other administrative and custodial expenses.
[Amended 5-10-2001 by Ord. No. 2001-08]
A. 
Upon certification and action by the Township Committee consistent with the procedures as outlined in this chapter or prior to the issuance of a Certificate of Occupancy for a nonresidential site plan, the developer may post a maintenance guarantee, in accordance with N.J.S.A. 40:55D-53a(2), for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the Township Engineer. A four-year maintenance guarantee is required in the Pinelands Area in accordance with § 215-13.4A(8). Pursuant to N.J.S.A. 40:55D-53.4, the cost of the installation of improvements shall be estimated by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the municipality.
B. 
Nothing herein, however, shall be construed to limit the right of the developer to contest by legal proceedings any determination of the Township Committee or the Township Engineer.
C. 
The developer shall reimburse the municipality for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements.