[Amended 3-12-2003 by Ord. No. 4-2003]
No final plat shall be approved by the Planning Board and/or Zoning Board of Adjustment until the completion of all such required improvements has been certified to the Planning Board and/or Zoning Board of Adjustment by the Township Engineer and as-built drawings have been supplied him/her, unless the applicant has furnished a performance guarantee as required by § 220-66.
The following improvements shall be installed by the applicant meeting the design and construction standards of this chapter and the standards of all applicable state, county and local laws.
The following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, streetlighting, street 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monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.; repealed by Section 2 of P.L. 2011, c. 217) or N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements.
[Amended 5-9-2018 by Ord. No. 6-2018]
[Amended 3-12-2003 by Ord. No. 4-2003]
With the exception of Public Utilities Commission regulated installations, all improvements shall be subject to inspection and approval by the Township Engineer, who shall be notified by the developer at least 24 hours prior to the start of construction. No underground installation shall be covered until inspected and approved. All the above improvements shall meet the design standards specified in this chapter and, if not specified herein, the engineering specifications of the New Jersey State Highway Department and Planning Board and/or Zoning Board of Adjustment engineer. Evidence that the above improvements are installed and comply with the design and construction specifications of the Township shall be certified, in writing, by the Township Engineer.
As-built inspection of storm sewer and stormwater management systems by the Township Engineer.
The Township Engineer shall be responsible for preparing as-built records for all subdivision storm sewer systems and stormwater management facilities, after final inspection. These as-built records will be part of the inspection process to verify that all storm sewer systems and stormwater management facilities are installed per the approved plans. The associated field and office costs shall be charged against the escrow accounts established for each subdivision.
The developer shall be responsible for supplying the Township Engineer with as-built records for all other required improvements, in the form and manner prescribed by the Township.
If all required improvements have not been certified to the Planning Board and/or Zoning Board of Adjustment by the Township Engineer and/or the required drawings have not been supplied, the developer shall furnish a performance guarantee in favor of the Township of Washington in an amount not to exceed 120% of the cost of installation of only those 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, 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). The performance guarantee shall be issued by a bonding or surety company approved by the Township Council; a certified check, returnable to the subdivider after full compliance; or any other type of surety approved by the Township Solicitor. The performance guarantee shall be approved by the Township Solicitor as to form, sufficiency and execution.
[Amended 3-12-2003 by Ord. No. 4-2003; 5-9-2018 by Ord. No. 6-2018]
The time allowed for installation of the improvements for which the performance guarantee has been provided shall be two years and may be extended by the Township Council 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 as determined as of the time of the passage of the resolution.
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, either prior to or after the receipt of the proceeds thereof, may complete such improvements.
Upon substantial completion of all required appurtenances and utility improvements, and the connection of same to the public system, the obligor may notify the Township Council, in writing, by certified mail addressed in care of the Township Clerk, of the completion or substantial completion of the improvements and shall send a copy thereof to the Township Engineer. Thereupon, the Township Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Township Council, indicating either approval, partial approval or rejection of such improvements, with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth. The balance 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 installation of the improvements remaining to be completed.
The Township Council 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 the action of the approving authority with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. 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; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion of all improvements. Failure of the Township 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 such performance guarantee for such improvements.
If any portion of the required improvements are rejected, the approving authority 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.
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Township Council or the Township Engineer.
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 all or a portion of the reasonably anticipated fees to be paid to the Township Engineer for such inspection.
In the event that final approval is by stages or sections of development, the provisions of this section shall be applied by stage or section.
[Amended 12-14-2006 by Ord. No. 43-2006]
The Township shall also require a maintenance guarantee to be posted with the Township Council 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 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.
Whenever the Township is requested to accept dedication of properties to be maintained for stormwater control basin purposes which will result in the Township being required to expend funds in the future for the maintenance of such properties and to insure the functionality of said basins, the Township shall, unless otherwise determined by the Township Council, require that the property owner or developer dedicating such property post with the Township funds which will defray the estimated costs of maintenance for a ten-year period. At the time overall site bonding requirements are calculated, the Township Engineer shall calculate the maintenance cost in accordance with generally accepted professional maintenance calculations then existing, with appropriately determined per-year incremental increases in said maintenance costs as calculated by the Township Engineer. The estimated maintenance cost contribution for the ten-year period shall be deposited with the Township Clerk at the time other maintenance guarantees are posted for the project or acceptance of the lot by the municipality, whichever shall occur first. The posting of the estimated maintenance cost shall not impact the performance bond requirements. The performance bondholder shall maintain stormwater basin responsibility until performance bond release in full. The ten-year period of contribution maintenance shall commence after the full performance bond release. Maintenance cost contribution shall not in any way reduce the bondholder’s responsibility to turn over the basin in a satisfactory and functional condition at the time of performance bond release.