As a condition of preliminary or final site
plan approval, the reviewing board may require and shall accept in
accordance with the standards adopted by this chapter for the purpose
of assuring the installation and maintenance of on-tract improvements:
A.
Performance guarantee.
(1)
The furnishing of a performance guarantee in favor
of the Township in an amount not to exceed 120% of the cost of installation
for improvements it may deem necessary or appropriate, including 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, N.J.S.A. 46:23-9.9 et seq., and 40:55D-53;
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 other on-site
improvements and landscaping, provided that no more than 10% of the
total performance guarantee shall be in cash, and the balance shall
be in the form of a bond from a bonding company approved by the Township
Committee.
(2)
The Township Engineer shall itemize the improvements
which he recommends to be bonded for by the applicant. The reviewing
board shall then establish the improvements to be bonded and forward
a list of same to the applicant. The applicant shall then forward
an estimate of the cost of such items including detailed calculations
of the same to the board and the Township Engineer. The Township Engineer
shall then review these estimates and forward his recommendations
to the reviewing board who shall establish the amount of performance
guarantee and maintenance guarantee required. The applicant shall
forward his estimate of the cost of the improvements and calculation,
within 30 days of a request therefor from the reviewing board.
B.
The furnishing of a maintenance guarantee to be posted
with the Township Committee 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. In the event that other governmental
agencies or public utilities automatically shall own the utilities
to be installed or the improvements are covered by performance or
maintenance guarantee to another governmental agency, no performance
or maintenance guarantee, as the case may be, shall be required for
such utilities or improvements.
A.
Whenever it is required as a condition to subdivision
or site plan approval that a performance guarantee must be furnished
in favor of the municipality in an amount not exceeding 120% of the
estimated cost of any required improvements within a stated time,
the time allowed for installation of the improvements for which the
performance guarantee has been provided may be extended by the Township
Committee by resolution.
B.
As a condition of 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 as determined as of the time of passage of the resolution.
A.
Upon substantial completion of all required appurtenant
utility improvements and the connection of same to the public system,
the obligor may notify the Township Committee in writing of such completion
or substantial completion as provided in N.J.S.A. 40:55D-53d, and,
after inspection and report of the Municipal Engineer, the Township
Committee may approve, partially approve or reject the improvements.
B.
Where partial approval is granted, the bond of the
obligor may be reduced provided that 30% of the amount of the performance
guarantee posted may be retained to insure completion of all improvements.
Notice shall be given to the obligor as required by N.J.S.A. 40:55D-53e.
A.
When all the required improvements have been completed,
the obligor shall notify the Township Committee in writing, by certified
mail addressed in care of the Township Clerk, of the completion of
such improvements and shall send a copy thereof to the Township Engineer.
B.
Thereupon the Township Engineer shall inspect all
of the improvements and shall file a detailed report, in writing,
with the Township Committee, indicating either approval, partial approval
or rejection of the improvements with a statement of reasons for any
rejection. If partial approval is indicated, the cost of the improvements
rejected shall be set forth.
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 improvements not completed or corrected and the
Township may either prior to or after the receipt of the proceeds
thereof complete such improvement.
D.
If any portion of the required improvements is rejected,
the reviewing board may require the obligor to complete such improvements
and, upon completion, the same procedure of notification as set forth
in this section shall be followed.
E.
The subdivider or his agent, employee or contractor
shall notify the secretary of the reviewing municipal board, as well
as the Township Engineer and Clerk, when the work is ready for any
required inspection specified herein or required to be performed by
the Construction Official or the appropriate subcode official. This
notice shall be given at least 48 hours prior to the start of the
construction and at least 48 hours prior to the time the inspection
is desired. Inspection shall be performed within three business days
of the time for which it was requested. The work shall not proceed
in a manner which shall preclude the inspection until it has been
made. No underground installation shall be covered until inspected
and approved.
A.
The Township Committee shall either approve, partially
approve or reject the improvements, on the basis of the report of
the Township Engineer, and shall notify the obligor in writing, by
certified mail, of the contents of such report and action of the reviewing
board with relation thereto, not later than 65 days after receipt
of the notice from the obligor of the completion of the improvements.
B.
Where partial approval is granted, the obligor shall
be released from all liability pursuant to its performance guarantee,
except for that portion adequately sufficient to secure provision
of the improvements not yet approved.
C.
Failure of the Township Committee 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 such performance
guarantee.
A.
The applicant shall reimburse the Township directly
for all reasonable review and inspection fees of the Municipal Engineer,
board attorney, planning consultant and other Township personnel,
for any such review of applications for development and inspections
of improvements.
B.
In addition, the applicant shall make an initial deposit with the Township Clerk, as set forth in § 74-57 of Chapter 74, Land Use Procedures, to be applied to the cost of these fees. The board shall have the right to require additional deposits to be paid by the applicant, from time to time, in order to insure that review and inspection fees are adequately provided.
C.
Should the balance of said fees not be paid, building
permits and/or certificates of occupancy may be withheld by the applicable
Township official. Any unused portion of the deposit shall be returned
to the applicant.
Off-tract improvements may be assessed as a
condition of approval in accordance with the provisions of the land
subdivision chapter and within this section.
