A.
Every application for development shall be accompanied by a check payable to the Borough of Haddon Heights in accordance with fee schedule set forth in Chapter 213, Fees.
[Amended 10-19-2004 by Ord. No. 1181]
B.
The applicant shall agree to pay all costs associated
with Borough review of the application beyond the initial application
charge.
C.
Where one application for development includes several
approval requests, the sum of the individual required fees shall be
paid.
D.
Each applicant for subdivision or site plan approval
shall agree in writing to pay all reasonable costs for professional
review of the application and for inspection of the improvements.
All such costs for review and inspection must be paid before any approved
plat, plan or deed is signed or any construction permit is issued,
and all remaining costs must be paid in full before any occupancy
of the premises is permitted or certificate of occupancy issued.
E.
If an applicant desires a court reporter, the cost
for taking testimony and transcribing it and providing a copy of the
transcript to the Borough shall be at the expense of the applicant
who shall arrange for the reporter's attendance.
A.
Performance guaranty estimate.
(1)
No final application for development, whether for
an entire tract or a section thereof, shall be approved by the Board
until the satisfactory completion and performance of all required
public improvements have been certified to the Board by the Borough
Engineer unless the owner shall have filed with the Borough a performance
guaranty assuring the installation of said public improvements on
or before an agreed date as hereinafter provided.
(2)
It is the intention of the governing body that residents
living in each new section of a development be provided with lot and/or
dwelling unit as well as tract area improvements that are as complete
as possible. In order to accomplish this objective and except as hereafter
provided, all remaining improvements shall be completed as to each
category set forth in the performance guaranty to a percentage extent
equal to the percent of lots and/or dwelling units which have been
conveyed in any manner.
(3)
A performance guaranty estimate shall be prepared
by the applicant's engineer and submitted to the Borough Engineer
for review and approval, setting forth all requirements for improvements,
as fixed by the Board, and their estimated cost. The governing body
shall pass a resolution either approving or adjusting this performance
guaranty.
B.
Approval by Borough Attorney.
(1)
The owner shall present two copies of the performance
guaranty, in an amount equal to 120% of the approved performance guaranty
estimate, for approval by the Borough Attorney as to form and execution.
(2)
The Borough Attorney shall notify the Secretary of
the Board that the performance guaranty is properly executed and can
be placed on the agenda of the Board's next meeting.
C.
Bonding and cash requirements.
(1)
The performance guaranty shall be made payable to
and deposited with Haddon Heights Borough and shall be in the form
of either cash, a certified check or other financial instrument acceptable
to the Borough Attorney or a performance bond in which the owner shall
be principal provided by an acceptable surety company licensed to
do business in the State of New Jersey. The Borough shall issue its
receipts for such deposits and shall cause the same to be deposited
in a bank named by the municipality in the name of the Borough. Said
deposits shall be retained as security for completion of all requirements
and shall be returned to the owner upon completion of all required
work or, in the event of default on the part of the owner, shall be
used by the Borough to pay the cost and expense of obtaining completion
of all requirements.
(2)
Ten percent of the amount of the approved performance
guaranty estimate shall be deposited by the owner in cash with the
Borough. The remaining 90% may be in cash or surety bond. In the event
of default, the ten-percent fund herein mentioned shall be first applied
to the completion of the requirements, and the cash or surety bond
shall thereafter be resorted to, if necessary, for the completion
of the requirements. The cash or surety bond shall recite the foregoing
provisions.
D.
Inspection and tests.
(1)
All improvements and utility installations shall be
inspected during the time of their installation by the Borough Engineer.
On-site private improvements relating to drainage, landscaping and
circulation as shown on an approved final subdivision or site plan
shall also be subject to inspection and approval by the Borough Engineer.
The cost of said inspection shall be the responsibility of the owner,
who shall deposit with the Borough Treasurer/CFO a fee in accordance
with the Borough Fee Ordinance.[1]
(2)
In no case shall any improvements or utility installation
be done without permission from the Borough Engineer. At least two
working days' notice shall be given to the Borough Engineer prior
to any construction so that he or a qualified representative may be
present at the time the work is to be done.
(3)
Streets shall not be paved with a wearing course until
all heavy construction is completed. Shade trees shall not be planted
until all grading and earthmoving is completed. The seeding of grass
and the placing of the surveyor's monuments shall be among the last
operations.
(4)
The Borough Engineer's office shall be notified after
each of the following phases of the work has been completed so that
he or a qualified representative may inspect the work:
(a)
Road subgrade.
(b)
Curb and gutter forms.
(c)
Curbs and gutters.
(d)
Road paving.
(e)
Sidewalk forms.
(f)
Sidewalks.
(g)
Drainage pipes and other drainage construction.
(h)
Street name signs.
(i)
Monuments.
(j)
Sanitary sewers.
(k)
Detention and/or retention basins.
(l)
Topsoil, seeding and plantings.
(5)
Inspection by the Borough of the installation of improvements
and utilities shall not operate to subject Haddon Heights Borough
to any future liability, including liability for claims or suits,
that may arise because of defects or negligence during construction
or at any time thereafter; it being recognized that the responsibility
to maintain safe conditions at all times during construction and to
provide proper utilities and improvements is upon the owner and his
contractors, if any.
(6)
Upon the completion or substantial completion of all
required utility improvements and the connection of the same to the
public system, the obligor may notify the governing body, in writing,
by certified mail in care of the Borough Clerk, of the completion
or substantial completion of the improvements and shall simultaneously
send a certified copy of such notice to the Borough Engineer. Within
10 working days following receipt of the notice, the Borough Engineer
shall inspect all the improvements of which such notice has been given
and file a detailed report, in writing, with the governing body, indicating
either approval, partial approval or rejection of such improvements
with a statement of the reasons for any total or partial rejection.
The costs of the improvements as approved or rejected shall be set
forth.
E.
Release. The Borough Council shall approve, partially
approve or reject the improvements, on the basis of the report from
the Borough Engineer, and shall notify the obligor, in writing, by
certified mail, of the contents of the Engineer's report and the action
of the Borough Council not later than 65 days after the receipt of
the notice of the obligor of the completion or substantial completion
of the improvements. Failure of the Borough Council to send or provide
such notification to the obligor within 65 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 the performance
guaranty for such improvements.
(1)
Where partial approval is granted, except as set forth
hereinafter, the obligor shall be released from all liability pursuant
to the performance guaranty for such improvements, except for that
portion deemed to be required to secure provision of the improvements
not yet approved. The Borough may retain 30% of the performance guaranty
posted to ensure the completion of all improvements and that said
30% may be applied against all improvements, regardless of when completed.
(2)
If any portion of the required improvements is rejected,
the obligor shall complete such improvements and, upon completion,
shall notify the Borough Council, and the same procedures shall be
followed as in the first instance.
F.
Conditions and acceptance of improvements. The approval
of any application for development by the Borough shall in no way
be construed as acceptance of any street or drainage system or any
other improvement, nor shall such approval obligate the Borough in
any way to exercise jurisdiction over such street or drainage system
or other improvement. No improvement shall be accepted by the governing
body unless and until all of the following conditions are met:
(1)
The Borough Engineer shall have certified in writing
that the improvements are complete and that they comply with the requirements
of this chapter.
(2)
The final application for development shall have been
approved by the Board.
(3)
The owner shall have filed with the Borough Council
a maintenance guaranty in an amount equal to not more than 15% of
the cost of installing the improvements, to run for a period of two
years. The procedures and requirements governing such maintenance
guaranty shall be identical with the procedures and requirements for
a performance guaranty set forth in this chapter. The requirements
for a maintenance guaranty may be waived by the Borough Council only
if the Borough Engineer has certified that the improvements have been
in continuous use for not less than two years from the date the Borough
Engineer certified completion of such improvements and that during
this period the owner has maintained the improvements in a satisfactory
manner.
(4)
The owner shall have provided an as-built plan and
profiles of all utilities and roads (three black and white prints
plus a Mylar copy to be sent to the Borough Engineer) with certification
signed and sealed by a New Jersey licensed professional engineer as
to the actual construction as approved by the Borough Engineer.
All off-tract improvements shall be made in
accordance with the provisions of N.J.S.A. 40:55D-42.
