No final plat shall be approved by the Planning Board until the completion of all required improvements has been certified to the Planning Board by the City Engineer, unless the subdivision owner shall have filed with the municipality a performance guaranty sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof as estimated by the City Engineer, and assuring the installation of such uncompleted improvements on or before an agreed date. Such performance guaranty may be in the form of a performance bond which shall be issued by a bonding or surety company approved by the governing body; a certified check, returnable to the subdivider after full compliance; or any other type of surety approved by the City Attorney.
The performance guaranty shall be approved by the City Attorney as to form, sufficiency and execution. Such performance guaranty shall run for a period to be fixed by the Planning Board but, in no case, for a term of more than three years. However, with the consent of the owner and the surety, if there be one, the governing body may by resolution extend the term of such performance guaranty for an additional period not to exceed three years. The amount of the performance guaranty may be reduced by the governing body by resolution when portions of the required improvements have been installed. The provisions of N.J.S.A. 40:55D-53 shall govern as to the conditions of extensions, releases, partial releases and inspection fees.
If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable to the City for the reasonable cost of the improvements not installed and, upon receipt of the proceeds thereof, the City shall install such improvements.
A.
All of the required improvements shall be subject to inspection and approval by the City Engineer, who shall be notified by the developer at least 24 hours prior to the start of construction. No underground installations shall be covered until inspected and approved by the City Engineer.
(1)
Roadway subgrade prior to placing subbase material.
(2)
Bituminous concrete surface course material while it is being laid.
(3)
Finished bituminous concrete surface course pavement.
(4)
Concrete curb and sidewalks, when the forms are laid and the subgrade is leveled and tamped prior to placing concrete, also during the placing and finishing of the concrete.
(5)
Such inspections as the City Engineer shall deem necessary of the pipe drains, inlets, municipal utilities lines and appurtenances, etc., while pipes, etc., are being laid and prior to backfilling trenches, inlets and manholes while being constructed.
B.
Prior to starting any construction of the required improvements, the developer must submit final detailed construction plans to the City Engineer for his review and approval and shall pay to the City Treasurer, by cash or certified check, an inspection-charge fee of 5% of the amount of the performance bond to be administered in the manner of escrow accounts pursuant to this chapter.
A.
Improvements required. As a condition for approval of a subdivision, the Planning Board (or Zoning Board if it has ancillary jurisdiction) may require an applicant to pay his pro rata share of the costs of providing reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvements within such development. Such improvements shall be based on the circulation and comprehensive utility service plans of the City adopted Master Plan as provided by N.J.S.A. 40:55D-42 and 40:55D-28. The proportionate or pro rata amount of the costs of such facilities that shall be borne by each developer or owner within a related and common area shall be computed by the City Engineer or such other persons as requested by the Planning Board according to a formula adopted in advance by the Planning Board.
B.
Improvements to be constructed at sole expense of developer. In cases where the reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application where no other property owners receive a special benefit thereby, the applicant may be required, as a condition of approval, at the applicant's sole expense, to provide for and construct such improvements as if such were an on-tract improvement in the manner provided hereafter and otherwise provided by law.
C.
Other improvements. In cases where the need for any off-tract improvement is necessitated by the proposed development application and where it is determined that properties outside the development will also be benefited by the improvement, the following criteria shall be utilized in determining the developer's proportionate share of such improvements:
(1)
Sanitary sewers. For distribution facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:
(a)
The capacity and the design of the sanitary sewer system shall be based on Rules and Regulations for the Preparation and Submission of Plans for Sewerage Systems, NJDEP.
(b)
Developer's pro rata share.
[1]
The capacity of the existing system to service the entire improved drainage areas shall be computed. If the system is able to carry the total developed drainage basin, no improvement or enlargement cost will be assigned to the developer. If the existing system does not have adequate capacity for the total developed drainage basin, the prorated enlargement or improvement share shall be computed as follows:
Total enlargement or improvement cost | Total tributary gallons per day (gpd) | |
= | ||
Developer's cost | Development gpd |
[2]
If it is necessary to construct a new system in order to develop the subdivision, the prorated enlargement share to the developer shall be computed as follows:
Total project cost | Total tributary gpd to new system | |
= | ||
Developer's cost | Development gpd |
[3]
The plans for the improved system or extended system shall be prepared by developer's engineer. All work shall be calculated by the developer and approved by the City Engineer.
(2)
Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvement uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:
(a)
The City Engineer shall provide the applicant's engineer with the existing and anticipated peak-hour flows for the off-tract improvement.
(b)
The applicant shall furnish a plan for the proposed off-tract improvement, which shall include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak-hour traffic generated by the proposed development to the future peak-hour traffic shall form the basis of the proportionate share. The prorated share shall be computed as follows:
Total cost of the roadway improvement and/or extension | Future peak-hour traffic | |
= | ||
Developer's cost | Future peak-hour traffic generated by the development |
(3)
Drainage improvements. For stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manhole riprap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's proportionate share shall be determined as follows:
(a)
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on a method described in Urban Hydrology for Small Watershed Technical Release 55, Soil Conservation Service USDA, January 1975, as amended, and shall be computed by the developer's engineer and approved by the City Engineer.
(b)
The capacity of the enlarged, extended or improved system required for the subdivision and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer, subject to approval of the City Engineer. The plans for the improved system shall be prepared by the developer's engineer, and the estimated cost of the enlarged system calculated by the City Engineer. The prorated share for the proposed improvement shall be computed as follows:
Total enlargement of improvement cost of drainage facilities | Total tributary cubic feet per second | |
= | ||
Developer's cost | Development cfs |
(4)
Escrow accounts. Where the proposed off-tract improvement is to be undertaken at some future date, the moneys required for the improvement shall be deposited to the credit of the City in a separate account until such time as the improvement is constructed. If the off-tract improvement is not begun within 10 years of deposit, all moneys and interest shall be returned to the applicant.
(5)
Computation of pro rata share. In any case in which an applicant shall not provide the approving authority with the estimates of a traffic consultant and/or consulting engineer with regard to estimated improvement costs and all other information necessary to proportion costs, the approving authority may rely on the estimates of the City Engineer.