B.
The application charge is a flat fee to cover direct
administrative expenses and is nonrefundable.
C.
Where one application for development includes several
approval requests, the sum of the individual required fees shall be
paid.
D.
It is the applicant's responsibility to arrange for
a court reporter. The cost of taking testimony, transcribing it and
providing a copy of the transcript to the Township shall be at the
expense of the applicant.
A.
Before recording of final subdivision plats or as
a condition of final site plan approval or as a condition to the issuance
of a zoning permit pursuant to N.J.S.A. 40:55D-65d, the approving
authority may require and shall accept in accordance with the standards
adopted by ordinance for the purpose of assuring the installation
and maintenance of on-tract and off-tract improvements:
(1)
Performance guarantee.
(a)
The furnishing of a performance guarantee in
favor of the Township in an amount not to exceed 120% of the cost
of installation, which cost shall be determined by the Township 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 improvements which the
approving authority may deem necessary or appropriate. Such improvements
may include streets, grading, pavement, gutters, curbs, sidewalks,
streetlighting, shade 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.), water mains, culverts, storm sewers, sanitary
sewers or other means of sewage disposal, drainage structures, erosion
control and sedimentation control devices, public improvements of
open space and, in the case of site plans only, other on-site improvements
and landscaping.
(b)
The Township 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.
(2)
Maintenance guarantee. There shall be provision for
a maintenance guarantee to be posted with the governing body 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 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). In the event that other governmental agencies
or public utilities 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 Township for such utilities
or improvements.
B.
The time allowed for installation of the improvements
for which the 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 increased 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 Township 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 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 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.
List of uncompleted or unsatisfactorily completed
improvements.
(1)
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 this Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all improvements covered by the 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.
(2)
The list prepared by the Township Engineer shall state, in detail, with respect to each 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 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 and appended to the performance guarantee pursuant to § 150-91A.
E.
Approval or rejection of improvements.
(1)
The governing body, 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 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 Township 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 performance guarantee posted may be retained to ensure acceptable completion of all improvements.
(2)
Failure of Township Engineer or governing body to
act.
(a)
If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection D of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(b)
If the governing body fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to § 150-91A and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(3)
In the event that the obligor has made a cash deposit
with the Township or approving authority 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.
F.
If any portion of the required improvements is rejected,
the approving authority 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.
Nothing herein, however, shall be construed to limit
the right of the obligor to contest by legal proceedings any determination
of the governing body or the Township Engineer.
H.
The obligor shall reimburse the Township for all reasonable
inspection fees paid to the Township Engineer for the foregoing inspection
of improvements; provided that the Township may require of the developer
a deposit for the inspection fees in an amount not to exceed, except
for extraordinary circumstances, the greater of $500 or 5% of the
cost of improvements, which cost shall be determined pursuant to section
15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). For those developments
for which the reasonably anticipated fees are less than $10,000, fees
may, at the option of the developer, be paid in two installments.
The initial amount deposited by a developer shall be 50% of the reasonably
anticipated fees. When the balance on deposit drops to 10% of the
reasonably anticipated fees because the amount deposited by the developer
has been reduced by the amount paid to the Township Engineer for inspection,
the developer shall deposit the remaining 50% of the anticipated inspection
fees. For those developments for which the reasonably anticipated
fees are $10,000 or greater, fees may, at the option of the developer,
be paid in four installments. The initial amount deposited by a developer
shall be 25% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Township Engineer for inspection, the developer shall
make additional deposits of 25% of the reasonably anticipated fees.
The Township Engineer shall not perform any inspection if sufficient
funds to pay for those inspections are not on deposit.
I.
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.
J.
To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the Township 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 plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Township Engineer.
A.
All improvements and utility installations shall be
inspected during the time of their installation by the Township 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 Township Engineer.
The cost of said inspection shall be the responsibility of the owner,
who shall deposit with the Township Treasurer a fee in accordance
with the Township Fee Ordinance.[1]
B.
The Township Engineer's office shall be notified 48
hours prior to scheduling each of the following phases of the work
so the work may be inspected:
(1)
Road subgrade.
(2)
Curb and gutter forms.
(3)
Curbs and gutters.
(4)
Road paving.
(5)
Sidewalk forms.
(6)
Sidewalks.
(7)
Drainage pipes and other drainage construction.
(8)
Street name signs.
(9)
Monuments.
(10)
Sanitary sewers.
(11)
Detention and/or retention basins.
(12)
Topsoil, seeding and plantings.
C.
In no case shall any improvements or utility installation
be done without permission from the Township Engineer. At least two
working days' notice shall be given to the Township Engineer prior
to any construction so that the Township Engineer or a qualified representative
may be present at the time the work is to be done.
D.
Streets shall not be paved with a wearing course until
all heavy construction is completed and all underground utilities
have been installed. 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.
E.
Inspection by the Township of the installation of
improvements and utilities shall not operate to subject Cranbury Township
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. The responsibility to maintain safe conditions
at all times during construction and to provide proper utilities and
improvements is upon the owner and the owner's contractors.
F.
Conditions and acceptance of improvements. The approval
of any application for development by the Township shall in no way
be construed as acceptance of any street or drainage system or any
other improvement, nor shall such approval obligate the Township 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 have been met:
(1)
The Township 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 Township Committee
a maintenance guarantee of 15% of the cost of installing the improvements,
to run for a period of two years. The procedures and requirements
governing such maintenance guarantee shall be identical with the procedures
and requirements for a performance guarantee set forth in this chapter.
The requirements for a maintenance guarantee may be waived by the
Township Committee only if the Township Engineer has certified that
the improvements have been in continuous use for not less than two
years from the date the Township Engineer certified completion of
such improvements and 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 Township Engineer) with certification
signed and sealed by a New Jersey licensed professional engineer as
to the actual construction as approved by the Township Engineer.
A Township shall not require that a maintenance
guarantee required pursuant to section 41 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-53) be in cash or that more than 10% of a performance guarantee
pursuant to that section be in cash. At the developer's option, some
or all of a maintenance guarantee may be in cash, or more than 10%
of a performance guarantee in cash.
The cost of the installation of improvements
for the purposes of section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53)
shall be estimated by the Township Engineer based on documented construction
costs for public improvements prevailing in the general area of the
Township. The developer may appeal the Township Engineer's estimate
to the governing body. The governing body shall decide the appeal
within 45 days of receipt of the appeal in writing by the Township
Clerk. After the developer posts a guarantee with the Township based
on the cost of the installation of improvements as determined by the
governing body, legal action may be instituted within one year of
the posting in order to preserve the right to a judicial determination
as to the fairness and reasonableness of the amount of the guarantee.
The approving authority shall, for the purposes
of section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53), accept a
performance guarantee or maintenance guarantee which is an irrevocable
letter of credit if it:
A.
Constitutes an unconditional payment obligation of
the issuer running solely to the Township for an express initial period
of time in the amount determined pursuant to section 41 of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-53);
B.
Is issued by a banking or savings institution authorized
to do business in this State;
C.
Is for a period of time at least one year; and
D.
Permits the Township to draw upon the letter of credit
if the obligor fails to furnish another letter of credit which complies
with the provisions of this section 30 days or more in advance of
the expiration date of the letter of credit or such longer period
in advance thereof as is stated in the letter of credit.
If an approving authority includes as a condition
of approval of an application for development pursuant to P.L. 1975,
c. 291 (N.J.S.A. 40:55D-1 et seq.) the installation of streetlighting
on a dedicated public street connected to a public utility, then upon
notification in writing by the developer to the approving authority
and governing body of the Township that the streetlighting on a dedicated
public street has been installed and accepted for service by the public
utility and that certificates of occupancy have been issued for at
least 50% of the dwelling units and 50% of the floor area of the nonresidential
uses on the dedicated public street or portion thereof indicated by
section pursuant to section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38),
the Township shall, within 30 days following receipt of the notification,
make appropriate arrangements with the public utility for, and assume
the payment of, the costs of the streetlighting on the dedicated public
street on a continuing basis. Compliance by the Township with the
provisions of this section shall not be deemed to constitute acceptance
of the street by the Township.
All off-tract improvements shall be made in
accordance with the provisions of N.J.S.A. 40:55D-42.
[Added 6-11-2018 by Ord.
No. 05-18-11]
For the purpose of assuring the installation and maintenance
of bondable land development improvements, as a condition of all final
site plan, subdivision, and zoning permit approvals, the Board or
Zoning Officer shall require, as appropriate, and the Township Committee
shall accept, in accordance with the standards adopted hereinafter:
A.
The furnishing of a performance guarantee in favor of the Township
in an amount not to exceed 120% of the cost of 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.
The performance guarantee shall also include, within an approved phase
or section of a development, privately owned perimeter buffer landscaping,
as required by local ordinance or imposed as a condition of approval.
B.
The cost of the performance guarantee shall be determined by the
Township Engineer according to the method of calculation set forth
in N.J.S.A. 40:55D-53.4. At the developer's option, a separate performance
guarantee may be posted for the privately owned perimeter buffer landscaping.
The Township 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.
C.
The furnishing of a maintenance guarantee in favor of the Township
in an amount not to exceed 15% of the cost of the improvement, which
cost shall be determined by the Township Engineer according to the
method of calculation set forth in N.J.S.A. 40:55D-53.4 for any and
all bondable items as permitted therein.
D.
The furnishing of a temporary certificate of occupancy guarantee
in the amount of 120% of the cost of installing the remaining improvements
which are not covered by a performance guarantee and are required
to be completed before the issuance of a permanent certificate of
occupancy. The scope and amount of such a guarantee will be determined
by the Township Engineer.
E.
The furnishing of a safety and stabilization guarantee to return
the property to a safe and stable condition or to otherwise implement
measures to protect the public from access to an unsafe or unstable
condition. The amount of such a guarantee shall be $5,000 where the
overall bonded improvements are $100,000 or less. Where the overall
bonded improvements are $100,000 or more, then the Township Engineer
shall calculate the bond amount in accord with the following: $5,000
for the first $100,000 of bonded improvement costs, plus 2.5% of bonded
improvement costs in excess of $100,000 up to $1,000,000, plus 1%
of bonded improvement costs in excess of $1,000,000.
[Added 6-11-2018 by Ord.
No. 05-18-11]
In the event that other governmental agencies or public utilities
will automatically 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 Township for such utilities or improvements.
[Added 6-11-2018 by Ord.
No. 05-18-11]
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, N.J.S.A. 40A:11-1 et seq.
[Added 6-11-2018 by Ord.
No. 05-18-11]
All improvements shall be in accordance with the design standards
of the Township Code or as authorized by a design exception granted
by the reviewing board and shall be subject to inspection and approval
by the Municipal Engineer. The Municipal Engineer shall be notified
24 hours prior to the start of the various phases of the work and,
if discontinued, shall again be notified when the work will be continued.
[Added 6-11-2018 by Ord.
No. 05-18-11]
A.
Upon substantial completion of all required improvements, the obligor
may request of the governing body, in writing, by certified mail addressed
in care of the Township Clerk, that the Township Engineer prepare,
in accordance with the itemized cost estimate prepared by the Township
Engineer and appended to the performance guarantee pursuant to this
chapter, a list of all uncompleted or unsatisfactorily completed improvements.
If such a request is made, the obligor shall send a copy of the request
to the Township Engineer. The request shall indicate which improvements
have been completed and which improvements remain uncompleted in the
judgment of the obligor. Thereupon the Township Engineer shall inspect
all improvements covered by the obligor's request and shall file a
detailed list and report, in writing, with the Township Council, and
shall simultaneously send a copy thereof to the obligor not later
than 45 days after receipt of the obligor's request.
B.
The list prepared by the Township Engineer shall state, in detail
with respect to each 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 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 Municipal Engineer
and appended to the performance guarantee pursuant to this chapter.
C.
The Township Committee, by resolution, shall either accept 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 or release 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 this chapter. 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
accepted improvements, except for that portion sufficient to secure
completion or correction of the improvements not yet accepted, provided
that 30% of the amount of the performance guarantee posted may be
retained to ensure completion and acceptability of all improvements.
If any portion of the required improvements is rejected, the Township
shall 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.
[Added 6-11-2018 by Ord.
No. 05-18-11]
The obligor shall reimburse the Township for all reasonable
inspection fees paid to the Township Engineer for the foregoing inspection
of improvements, provided that the municipality may require of the
developer a deposit for the inspection fees in an amount not to exceed,
except for extraordinary circumstances, the greater of $270 or 5%
of the cost of improvements, which cost shall be determined pursuant
to N.J.S.A. 40:55D-53.4.
[Added 6-11-2018 by Ord.
No. 05-18-11]
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.
[Added 6-11-2018 by Ord.
No. 05-18-11]
To the extent that any of the improvements have been dedicated
to the Township on the subdivision plat, site plan and/or zoning permit,
the municipality shall be deemed, upon the release of any performance
guarantee required hereunder, to accept dedication for public use
of any improvements made thereunder, provided that such improvements
have been inspected and have received final approval by the Township
Engineer.
