[Added 10-9-2018 by Ord.
No. 10-2018[1]]
A.
Before filing of final subdivision plats or recording of minor subdivision
deeds or as a condition of final site plan approval or as a condition
to the issuance of a zoning permit, a developer shall have filed with
the City a performance guarantee for the purpose of assuring the installation
of certain on-tract improvements and a maintenance guarantee.
(1)
As a condition to the approval of a permit update under the State
Uniform Construction Code, for the purpose of updating the name and
address of the owner of property on a construction permit, a successor
developer shall have filed with the City a performance guarantee for
the purpose of assuring the installation of certain on-tract improvements
and a maintenance guarantee.
(2)
The City requires 10% of the performance guarantees to be in cash.
The developer shall have the option to post more than 10% in cash
or any portion of a required maintenance guarantee in cash.
B.
Types of performance guarantees required.
(1)
Site improvement guarantee. A guarantee in favor of the City in an
amount equal to 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 City Engineer, according to
the method of calculation set forth in N.J.S.A. 40:55D-53.4, for 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, N.J.S.A. 46:23-9.9 et seq.[2] or N.J.S.A. 46:26B-1 through 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.
The City 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 developer.
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 guarantee to another governmental agency,
no performance guarantee shall be required by the City for such utilities
or improvements.
[2]
Editor's Note: So in original. N.J.S.A. 46:23-9.9 et seq.
was repealed by L. 2011, c. 217, § 2, effective May 1, 2012.
(2)
Perimeter buffer landscaping guarantee. A guarantee in favor of the
City to include any privately owned perimeter buffer landscape within
an approved phase or section of a development as required by site
plan approval or imposed as a condition of approval. At the developer's
option, a separate performance guarantee may be posted for the privately
owned perimeter buffer landscaping.
(3)
Temporary certificate of occupancy guarantee. In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to as a "temporary certificate of occupancy guarantee," in favor of the City in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under the performance guarantee, required pursuant to Subsection B(1) of this section, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the City Engineer. At no time may the City hold more than one guarantee of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the City Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(4)
Safety and stabilization guarantee.
(a)
A developer shall furnish to the City a safety and stabilization guarantee, in favor of the City. At the developer's option, the safety and stabilization guarantee may be furnished either as a separate guarantee or as a line item of the site improvement performance guarantee referenced in Subsection B(1) of this section. A safety and stabilization guarantee shall be available to the City solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
[1]
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
[2]
Work has not recommenced within 30 days following the provision
of written notice by the City to the developer of the City's intent
to claim payment under the guarantee. The City shall not provide notice
of its intent to claim payment under a safety and stabilization guarantee
until a period of at least 60 days has elapsed during which all work
on the development has ceased for reasons other than force majeure.
The City shall provide written notice to a developer by certified
mail or other form of delivery providing evidence of receipt of the
notice.
(b)
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
(c)
The amount of a safety and stabilization guarantee for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows: $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.
(d)
The City shall release a separate safety and stabilization guarantee
to a developer upon the developer's furnishing of a performance guarantee
which includes a line item for safety and stabilization in the amount
required under this subsection.
(e)
The City shall release a safety and stabilization guarantee
upon the City Engineer's determination that the development of the
project site has reached a point that the improvements installed are
adequate to avoid any potential threat to public safety.
C.
Types of maintenance guarantees required.
(1)
Site improvement maintenance guarantee. Prior to the release of a site improvement or perimeter buffer landscaping performance guarantee described in Subsection B, the developer shall post a maintenance guarantee in an amount equal to 15% of the cost of the installation of the improvements which are being released. The City does not require any portion of the maintenance guarantee to be posted in cash, but the developer has the option to post the maintenance guarantee in cash.
(2)
Stormwater management maintenance guarantee. Upon the inspection
and issuance of final approval by the City Engineer of the following
private site improvements, a separate maintenance guarantee in an
amount equal to 15% of the cost of the installation of the following
private site improvements related to the stormwater management for
the project: stormwater management basins, in-flow and water quality
structures within the basins, and the out-flow pipes and structures
of the stormwater management system, if any, which cost shall be determined
according to the method of calculation set forth N.J.S.A. 40:55D-53.4.
(3)
The term of all maintenance guarantees shall be for a period of two
years and shall automatically expire at the end of the two-year period.
(4)
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 maintenance guarantee shall be required for such utilities
or improvements.
D.
Procedures for reductions of performance guarantees.
(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 City Council in writing, by certified mail addressed in care of
the City Clerk, that the City Engineer prepare, in accordance with
the itemized cost estimate prepared by the City Engineer and appended
to the performance guarantee, a list of all uncompleted or unsatisfactory
completed bonded improvements. If such a request is made, the obligor
shall send a copy of the request to the City Engineer. The request
shall indicate which bonded improvements have been completed and which
bonded improvements remain uncompleted in the judgment of the obligor.
Thereupon the City Engineer shall inspect all bonded improvements
covered by 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 City Engineer shall state, in detail, with
respect to each bonded 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 bonded improvement determined
to be unsatisfactory. The report prepared by the City Engineer shall
identify each bonded 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
bonded improvement, in accordance with the itemized cost estimate
prepared by the City Engineer and appended to the performance guarantee.
(3)
The City Council, by resolution, shall either approve the bonded
improvements determined to be complete and satisfactory by the City
Engineer, or reject any or all of these bonded 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 City Engineer and appended
to the performance guarantee. This resolution shall be adopted not
later than 45 days after receipt of the list and report prepared by
the City 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 bonded 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 total performance guarantee and safety and
stabilization guarantee posted may be retained to ensure completion
and acceptability of all improvements. The safety and stabilization
guarantee shall be reduced by the same percentage as the performance
guarantee is being reduced at the time of each performance guarantee
reduction.
(4)
For the purpose of releasing the obligor from liability pursuant
to its performance guarantee, the amount of the performance guarantee
attributable to each approved bonded improvement shall be reduced
by the total amount for each such improvement, in accordance with
the itemized cost estimate prepared by the City Engineer and appended
to the performance guarantee, including any contingency factor applied
to the cost of installation. If the sum of the approved bonded improvements
would exceed 70% of the total amount of the performance guarantee,
then the City may retain 30% of the amount of the total performance
guarantee and safety and stabilization guarantee to ensure completion
and acceptability of bonded improvements, as provided above, except
that any amount of the performance guarantee attributable to bonded
improvements for which a temporary certificate of occupancy guarantee
has been posted shall be released from the performance guarantee even
if such release would reduce the amount held by the City below 30%.
(5)
In the event that the obligor has made a cash deposit with the City
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,
provided that if the developer has furnished a safety and stabilization
guarantee, the City may retain cash equal to the amount of the remaining
safety and stabilization guarantee.
(6)
If any portion of the required bonded improvements is rejected, the
City Council 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.
(7)
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
City Council or City Engineer.
E.
Payments for professionals serving City.
(1)
The obligor shall reimburse the City for reasonable inspection fees paid to the City Engineer for the inspection of improvements, which fees shall not exceed the sum of the amounts set forth in Subsection E(1)(a) and (b) of this section. The City may require the developer to post the inspection fees in escrow in an amount:
(a)
Equal to, except for extraordinary circumstances, the greater
of $500 or 5% of the cost of bonded improvements that are subject
to a performance guarantee under this section; and
(b)
Equal to 5% of the cost of private site improvements that are
not subject to a performance guarantee under this section, which cost
shall be determined pursuant to N.J.S.A. 40:55D-53.4.
(2)
For those developments for which the inspection fees total less than
$10,000, fees may, at the option of the developer, be paid in two
installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the City Engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
(3)
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the City Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
(4)
If the City determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection E(1)(a) and (b) of this section, is insufficient to cover the cost of additional required inspections, the City may require the developer to deposit additional funds in escrow, provided that the City delivers to the developer a written inspection escrow deposit request, signed by the City Engineer, which informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
F.
Other requirements.
(1)
In the event that final approval is by stages or sections of development
pursuant to Subsection a. of N.J.S.A. 40:55D-38, the provisions of
this section shall be applied by stage or section.
(2)
To the extent that any of the improvements have been dedicated to the City on the subdivision plat or site plan, the City Council shall be deemed, upon the release of any performance guarantee required pursuant to Subsection B 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 City Engineer.
(3)
All guarantees shall be approved as to form by the City Solicitor.
The developer shall pay for all reasonable fees associated with the
review by the City Solicitor.
(4)
A performance guarantee shall run for a period to be fixed by the
Planning Board at the time of approval of a final plat, but in no
case for a term of more than two years. However, with the consent
of the owner and the surety, if there is one, the City Council may,
by resolution, extend the term of such performance guarantee for an
additional period not to exceed three years. 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 equal
to 120% of the cost of the installation, which cost shall be determined
by the City Engineer according to the method of calculation set forth
in N.J.S.A. 40:55D-53.4 as of the time of the passage of the resolution.
(5)
If the required improvements have not been installed in accordance
with the performance guarantee, the obligor and surety shall be liable
thereon to the City of Northfield for the reasonable cost of the improvements
not installed and, upon the receipt of the proceeds of the performance
guarantee, the City of Northfield shall install 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. The obligor and surety shall also pay for
all reasonable inspection fees in addition to all required improvements.
[1]
Editor's Note: This ordinance also repealed former § 215-70,
Performance guarantee, as amended.
A.
Duties of City Engineer, City Solicitor, and City
Clerk. No performance guarantees shall be presented for approval of
the City until the officials listed below have performed the following
and have made certification of their performance, in writing, to the
City Council.
[Amended 4-24-2012 by Ord. No. 3-2012]
(1)
City Engineer. The City Engineer shall:
(a)
Where applicable, examine the plat map of a
subdivision to make certain that it complies with all state laws and
this chapter relative to the preparation and filing of maps or plans
for the subdivision of land.
(b)
Determine those acts or things the applicant
is to do to protect the City, such as to provide proper drainage,
streets, curbs, signs, monuments or any other item or thing and the
cost of each, as well as the maximum time he recommends granting the
applicant to provide each item or all items; also, advise the applicant
of the amount required to pay the City as a proper inspection, testing
and administration fee.
(2)
City Clerk. The City Clerk shall:
(a)
Ascertain that the plat of a site plan or subdivision
has been approved by the Atlantic County Planning Board and the City
Planning Board.
(b)
Determine if the landowner is an individual,
corporation, or partnership; if an individual, his full name and address;
if a corporation, its correct name, date, and state of incorporation,
the name of its President and Secretary and location of its principal
office in this state; if a partnership, the names and addresses of
all partners.
(c)
Give the applicant a form of the surety company bond required by the City, and all figures, dates, and details required by Subsection A(1)(b) above so the same may be included in the bond to be furnished to the City.
(d)
Deliver to the City Solicitor:
[1]
The original copy of the surety company bond
of the applicant; and
[2]
The City Engineer's written certificate addressed
to the City Council, which certificate and bond shall be delivered
at one and the same time.
[a]
The City Engineer's certificate
shall also state and give the nature of cash, or its equivalent, deposited
as a portion or all of the performance guarantee (i.e., cash, certified
check, cash escrow deposit, or other security).
(3)
City Solicitor. Upon receipt from the City Clerk of
the surety bond and the Engineer's certificate, the City Solicitor
shall promptly examine said bond and determine whether or not it is
correct in form, content and execution. If the bond is not correct,
the City Solicitor shall directly notify the applicant of its shortcomings.
When the bond is or has been made correct, the City Solicitor shall
make a written certificate to that effect to the City Council. Thereupon,
said Solicitor shall deliver the bond and Engineer's and Solicitor's
certificates to the City Clerk.
(4)
City Clerk. Upon the receipt from the City Solicitor
of the bond and certificates of the Engineer and Solicitor, the City
Clerk shall:
(a)
Collect from the applicant the proper fee or
fees, if any, payable to the City in accordance with the Engineer's
certificate.
(b)
Place the matter of approval of bond(s) on the
agenda of the next regular meeting of the City Council for its consideration.
(c)
Submit the bond, certificate and fees to the
City Council at the next regular meeting of said Council.
B.
Certificates, form and dating. Each of said certificates
shall be dated and written in letter form upon the stationery of the
maker or of the City and signed by him or his authorized agent or
representative.
C.
Bond requirements. There must be attached to said
bond an authority of the surety company empowering the person or persons
who executed said bond for the surety company to do so. If the bonding
company is not a New Jersey corporation, there should also be attached
to the bond proof of its authority to do business in New Jersey and
a copy of its last financial statement, made not more than one year
before, showing its financial condition. If the principal on the bond
is a corporation, there must be attached to the bond a certified copy
of a resolution adopted by its Board of Directors authorizing the
execution and delivery of said bond. Said bond must also bear the
corporate seal of the surety company and the seal, corporate or otherwise,
of the principal.
D.
Copies. The City Clerk and administrative officer
(Planning Board Secretary) shall keep a supply of copies of these
bond requirements in their offices for the use of applicants and the
general public.
A.
General requirements. Where the municipal agency determines
that off-tract improvements are necessary for the proper development
and utilization of the proposed site or subdivision and the surrounding
area, it may require either that such off-tract improvements be installed
or that the developer contribute to the installation of such off-tract
improvements. Where the municipal agency has determined that off-tract
improvements are required, it shall be a condition of the granting
of final approval that such improvements be constructed or that the
developer shall make payments toward the ultimate installation of
off-tract improvements such as, but not limited to, streets, curbs
and gutters, sidewalks, water mains, sanitary sewers, storm sewers
and culverts, monuments and streetlights, all in accordance with the
specifications governing on-tract improvements.
B.
Cost allocation. If the municipal agency determines
that the developer may contribute toward required off-tract improvements
in lieu of such improvements being installed, the municipal agency
shall allocate the cost of same off-tract improvements in accordance
with the standards hereinafter set forth. The improvement of a stream
and/or widening of, or the construction of drainage or other improvements
in, a street or road fronting on the tract to be subdivided and/or
developed shall not constitute an off-tract improvement and the cost
of said improvement shall not be allocated.
(1)
The allocation of the cost of off-tract improvements
shall be determined in accordance with the following:
(a)
The municipal agency may consider the total
cost of the off-tract improvements, the benefits conferred upon the
site or subdivision, the needs created by the site or subdivision,
population and land use projects for the general areas for the site
or subdivision and other areas to be served by the off-tract improvements,
the estimated times of construction of off-tract improvements and
the condition of periods of usefulness, which periods may be based
upon the criteria of the Local Bond Law, N.J.S.A. 40A:2-22. The municipal
agency may further consider the criteria set forth below.
(b)
Road, curb, gutter, and sidewalk improvements
may be based upon the anticipated increase of traffic generated by
the site or subdivision. In determining such traffic increase, the
municipal agency may consider traffic counts, existing and projected
traffic patterns, quality of roads and sidewalks in the area, and
other factors related to the need created by the site or subdivision
and anticipated thereto.
(c)
Drainage facilities may be based upon the percentage
relationship between the site or subdivision acreage and the acreage
of the total drainage basins involved or upon calculations developing
the percentage contribution that the storm runoff from a particular
site or subdivision bears to the total design capacity of any improvements;
the particular methods to be selected in each instance by the City
Engineer.
(d)
Water supply and distribution facilities and
sewage facilities shall be based upon a proportion as determined by
the current rules and regulations or procedures of the local water
company provider and Atlantic County Utilities Authority.
(2)
All monies received by the City in accordance with
the provisions of this section shall be paid to the City Treasurer,
who shall provide for a suitable depository therefor. Such funds shall
be used only for the improvements for which they are deposited or
improvements serving the same purposes unless such improvements are
not initiated for a period of five years from the date of payment,
after which time said funds shall be transferred to the capital improvement
fund of the municipality.
(3)
The apportionment of costs shall be determined by
the municipal agency. The developer shall be afforded an opportunity
before said board to present evidence relative thereto.
C.
Assessment not precluded. Nothing in this section
of this chapter shall preclude the municipality from assessing any
property benefitting from installation of any off-tract improvements
as provided in this section pursuant to the provisions of N.J.S.A.
40:55D, an allowance being made to the respective parcels of realty
for payments herein.
Before any developer effectively assigns any
of his interest in any preliminary or final approval, he must notify
the administrative officer and supply detailed information with regard
to the name, address, principals, type of organization, competency,
experience, and past performance of the assignee, transferee, or agent.
Notice of such assignments or transfer shall be given no later than
10 days after its effective date. The assignee must be made acquainted
with all the conditions of approval, and the developer shall so certify.
A.
No contractor, builder, developer or subcontractor
shall engage any personnel in any of the work on constructing any
improvements unless they are continually supervised by a competent,
English-speaking supervisor acceptable to the City Engineer.
B.
No less than five days prior to commencing construction
of any improvements on the site, the developer or his/her agent shall
provide the City Engineer with the names, addresses, phone numbers
and emergency phone numbers of the subdivider and/or a representative
empowered to act for the developer and/or each contractor and its
supervisor in charge of the construction, setting forth the aspect
of construction for which each is responsible.
C.
The developer may retain throughout the course of
construction a registered New Jersey professional engineer to supervise
the implementation of the approved subdivision or site design and
to make periodic reports to the City as well as to the developer regarding
conformance of the construction with the requirements of final approval.
D.
If the developer proposes to retain someone other
than the engineer who prepared the final plat to supervise construction,
he shall notify the City Engineer and the administrative officer (Planning
Board Secretary) of the name, address and license number of the engineer
retained. If at any time during the course of construction the developer
elects or is required to replace the responsible engineer and/or employ
additional engineers, he/she shall likewise notify the City Engineer
and the administrative officer.
E.
The supervising engineer shall immediately notify
the City Engineer of any deviation (observed or proposed) from the
requirements of final approval and/or this chapter.
F.
At regular intervals during the course of construction,
but not less often than at monthly intervals, the supervising engineer
shall submit to the City Engineer a report listing his observations
of the work undertaken during the reporting period, specifically noting
any deviation from the requirements of final approval and/or this
chapter and listing those improvements of final approval and/or this
chapter and listing those improvements expected to be undertaken during
the next reporting period. The developer shall accompany any request
for acceptance of public improvements and/or release of performance
guarantees with a certification by the responsible engineer attesting
to the completion of the improvements in full conformance with the
requirements of final approval and this chapter and/or specifically
noting any deviation therefrom.
A.
Inspection, testing and engineering administration fees. Prior to signing of any final plat, issuance of a development permit or the start of construction of any improvements required by the provisions of this chapter, the developer shall deposit by cash or certified check with the City Clerk an amount determined from the schedule under § 215-17B(23), (24) and (25) of this chapter. Said amount shall be used to defray the cost of inspection, testing, engineering, administration, and other costs, and fees paid by the City in connection with the inspections and acceptance of the installation of the required improvements. All monies received on account of engineering and inspection fees shall be deposited by the City Treasurer in an appropriate account. The City shall arrange for the City Engineer, the appropriate municipal officials or other qualified persons to provide all necessary administrative and engineering services. No portion of any fee shall be returned nor shall any additional fee be imposed if the actual cost of administrative and engineering services shall be less than or greater than the monies received.
B.
Inspection notice. All required improvements, except those utility improvements which are not the responsibility of the City, shall be subject to inspection and approval by the City Engineer, who shall be notified by the developer at least five days prior to the initial start of construction and again 24 hours prior to the resumption of work after any idle period exceeding one working day. All of the utility improvements shall be subject to inspection and approval by the owner of or agency controlling the utility, who shall be notified by the developer in accordance with the utilities' requirements. No underground installation shall be covered until it is inspected and approved by the owner of or agency controlling the utility or by the City Engineer in all other cases. With respect to landscaping, inspection and approval notification shall be given by the developer to the City Engineer pursuant to § 215-100E(8).
C.
Modification of improvements. Any time, whether as
a result of his inspection of work underway or otherwise, the City
Engineer may recommend that the developer be required to modify the
design and extent of the improvements required, notifying the municipal
agency of his recommendations. The municipal agency shall, if it considers
such modifications to be major, or if requested by the developer or
City Engineer, take formal action to approve or disapprove such recommendations;
provided, however, that it must first afford the developer an opportunity
to be heard. If the agency takes no formal action within 30 days of
such recommendations, or where the developer has not requested formal
municipal agency action, its approval will be assumed. Similarly,
the municipal agency may grant or deny the developer permission to
effect such modification upon his application and the City Engineer's
approval. In either event, where such modification is to be effected,
the appropriate plat must be revised by the developer or his engineer
to reflect such modification and sufficient copies thereof shall be
submitted to the administrative officer (Planning Board Secretary)
for distribution.
D.
General inspection requirements. All improvements,
except as otherwise provided, shall be subject to inspection and approval
by the City Engineer. No underground installation shall be covered
until inspection and approval by the City Engineer or those agencies
having jurisdiction over the particular installation. If such installation
is covered prior to inspection, it shall be uncovered or other inspection
means used, such as a television or other pipeline camera as may be
deemed necessary by the City Engineer, and charges for such work will
be paid for by the developer.
E.
Inspection not acceptance. Inspection of any work
by the City Engineer, or his authorized representative, shall not
be considered to be final approval or rejection of the work, but shall
only be considered to be a determination of whether or not the specific
work involved was being done to City specifications or other required
standards at the time of inspection. Any damage to such work or other
unforeseen circumstances, such as the effect of the weather, other
construction, changing conditions, settlement, etc., between the time
of installation and the time that the developer wishes to be released
from his performance guarantee, shall be the full responsibility of
the developer, and no work shall be considered accepted until release
of the performance guarantee.
F.
Payment to contractors. No developer shall enter into
any contract requiring the City Council, the City Engineer, or any
of their agents, employees or other representatives to make any declaration,
written or otherwise, as a condition of payment of said developer
to a contractor as to the acceptance or rejection of the work. Neither
the City Council, City Engineer, nor any of their agents, employees,
or representatives shall make any such declaration.
G.
Procedure on acceptance of public improvements. When
the developer has constructed and installed the streets, drainage
facilities, curbs, sidewalks, street signs, monuments and other improvements
in accordance with City regulations, standards and specifications,
and desires the City to accept the improvements, he shall, in writing,
addressed to and in a form approved by the City Council, with copies
thereof to the City Engineer, request the City Engineer to make a
semi-final inspection of the improvements. If the improvements have
been constructed under a performance guarantee after approval of a
final plat, the developer shall submit an as-built plan showing as-built
grades, profiles and sections and locations of all subsurface utilities
such as french drains, combination drains, sanitary sewage disposal
systems, both public and individual water lines, and control valves,
gas lines, telephone conduits, monuments, iron property markers, and
any other utility or improvements installed other than as shown on
the approved final plat. Said as-built plan shall be certified to
by a licensed New Jersey professional engineer. If any improvements
are constructed prior to final plat approval, the final plat shall
reflect all changes and as-built conditions and be so certified. Said
as-built plan(s) shall be submitted on reproducible media.
A.
It shall be the responsibility of the developer to
maintain the entire site or subdivision in a safe and orderly condition
during construction. Necessary steps shall be taken by the developer
to protect occupants of the site or subdivision and the general public
from hazardous and unsightly conditions during the entire construction
period. These steps shall include, but are not limited to, the following:
(1)
Open excavations shall be enclosed by fencing or barricades
during nonconstruction hours. Moveable barricades shall be equipped
with yellow flashing hazard markers or other lighting during the hours
of darkness.
(2)
The excavation of previously installed sidewalk and
pavement areas which provide access to occupied buildings in the site
or subdivision shall be clearly marked with signs and barricades.
Alternate safe access to the occupied buildings shall be provided
for pedestrians and vehicles.
(3)
Materials stored on the site shall be screened from
the view of occupants of the subdivision or site and adjoining street
and properties.
(4)
Construction equipment, materials, and trucks shall
not be stored within 150 feet of occupied buildings in the site or
subdivision and adjoining streets and properties during nonconstruction
hours.
(5)
Safe vehicular and pedestrian access to occupied buildings
in the site or subdivision shall be provided at all times.
(6)
Construction activities which create obnoxious and
unnecessary dust, fumes, odors, smoke, vibrations, or glare noticeable
in occupied buildings in the subdivision or site and adjoining properties
and streets shall not be permitted.
(7)
Construction activities which will result in damage
to trees and landscaping in occupied buildings in the site or subdivision
or adjoining properties shall not be permitted.
(8)
All locations and activities in the site or subdivision
which present potential hazards shall be marked with signs indicating
the potential hazard.
(9)
Unsightly construction debris, including scrap materials,
cartons, boxes and wrappings, must be removed daily at the end of
each working day.
(10)
Whenever construction activities take place
within or adjacent to any traveled way, or interfere with existing
traffic patterns in any manner, suitable warning signs, conforming
to the requirements of the Manual on Uniform Traffic Control Devices,
will be erected and maintained by the developer.
B.
Should the developer fail in his/her obligation to
maintain the site or subdivision in a safe and orderly condition,
the City may, on five days' written notice or immediately in the case
of hazard to life, health or property, undertake whatever work may
be necessary to return the site or subdivision to a safe and orderly
condition and deduct the cost thereof from the 10% cash or certified
check portion of the performance guarantee. Upon notice of such deduction,
the developer shall, within 10 days, restore the full 10% cash balance
or his/her performance guarantee will be held to be void and the City
may take action as if final plat approval had not been obtained.
C.
The Construction Official shall, upon receiving notice
from the City Engineer that a developer is in violation of this section,
suspend further issuance of certificates of occupancy and building
permits and may order cessation of work on any outstanding permits.
[Amended 8-21-1990 by Ord. No. 13-1990]
A.
No agent, agent of an owner, real estate agent or
broker, firm, company, partnership, corporation or person or persons
shall sell, rent, transfer, grant, lease, let, mortgage with right
of occupancy or otherwise dispose of the ownership or occupancy, whether
or not for a consideration and whether such disposal or occupancy
is temporary or permanent, of any dwelling unit, mobile home or apartment,
unless a certificate of occupancy is issued certifying that said dwelling
unit or apartment is fit for human habitation and that said dwelling
unit or apartment is in compliance with all ordinances of the City
of Northfield; which shall first be obtained from the construction
official or his designee inspector, who shall issue a certificate
of occupancy upon inspection and approval by the Construction Official
or his designee inspector within 10 days from the date of the filing
of the application for same.
B.
No such vacated apartment or dwelling unit shall be
rented or occupied in whole or in part by any new owner or tenant
until an inspection has been made by the aforesaid public official
as to whether said dwelling unit or apartment is in violation of any
of the applicable laws of the City of Northfield, the State of New
Jersey or the United States of America. If no such violation is found,
the Building Department shall issue a certificate of occupancy; otherwise,
it shall notify the owner, in writing, setting forth the specific
violations found.
C.
A dwelling unit or apartment shall be deemed to be
unfit for human habitation where conditions exist therein which are
dangerous to the health or safety of the occupants or residents of
the municipality. Such conditions may include, without being limited
to, defects increasing the hazard of fire, accidents or other casualties;
lack of adequate ventilation, light or sanitary facilities; and dilapidation,
disrepair or structural defects or uncleanliness.
D.
The Construction Official, or his designee inspector,
shall cause to be prepared the appropriate application form for such
a certificate of occupancy, which forms shall be available to applicants
at the Building Department.
E.
A charge, as provided in Chapter 128, Uniform Construction Codes, to cover the cost of the inspection in connection with said application shall be paid to the Building Department at the time the application is filed and shall not be refundable. Any reinspection of the subject premises caused by a lack of compliance with the provisions of this chapter or the provisions of the New Jersey State Housing Code shall require a fee as provided in Chapter 128, Uniform Construction Codes, to be paid prior to said inspection.
F.
A "dwelling unit" or "apartment," as those terms are
used in this section, shall not include any room or suite of rooms
in a motel or hotel unless the units rented in said hotel or motel
shall contain two or more units having eating and cooking facilities.
In such event, the units containing such facilities shall be considered
multiple dwelling units; provided, however, that this subsection shall
not preclude the requirement that a certificate of occupancy be issued
upon a sale of the hotel or motel specified herein.
G.
Every owner of premises for rent of or premises containing a room or rooms for rental, which premises are not excluded by virtue of Subsection F of this section, shall file, under oath, with the Construction Official of City of Northfield a statement containing the address of the premises, the name and address of the owner of the premises, the name and address of the superintendent and/or the name and address of the agent in charge of the premises, the number of apartments in said premises, a description by number or letter or each such apartment in the premises and the names of the tenants located within said premises on the date the statement was prepared. If the owner of said premises is a corporation or other entity other than an individual, said statement shall be made under oath by the president or secretary of said corporation or by a principal of such entity.
H.
At the time of inspection of each unit or single-family
dwelling prior to the issuance of said certificate of occupancy, the
Building Department shall post, in a conspicuous place in said apartment
or dwelling, a notice stating the number of persons which shall be
permitted to occupy said apartment as residents therein, pursuant
to the City of Northfield Code, and in no event shall residency in
excess of said posted number be exceeded by either the landlord or
the tenant. For the purpose of determining residency, any person who
sleeps upon the premises or generally dwells therein for more than
two successive days or nights shall be considered to be residing on
the premises.
A.
No permanent certificate of occupancy shall be issued
for any use or building until all required improvements are installed
and approved by the City Engineer or other appropriate authority.
B.
No temporary certificate of occupancy shall be issued
for any use or building involving the installation of utilities or
street improvements, parking areas, buffer areas, storm drainage facilities,
other site improvements, the alteration of the existing grade on a
lot or the utilization of a new on-site well or sanitary disposal
system unless the Borough Engineer or other appropriate authority
shall have, where applicable, certified to the following:
(1)
Utilities and drainage. All utilities, including,
but not limited to, water, gas, nonstructural stormwater management
measures, storm drains, sanitary sewers, electric lines and telephone
lines, shall have been properly installed and service to the lot,
building or use from such utilities shall be available.
[Amended 5-22-2007 by Ord. No. 7-2007]
(2)
Street rights-of-way. All street rights-of-way necessary
to provide access to the lot, building or use in question shall have
been completely graded and all slope-retaining devices or slope plantings
shall have been installed.
(3)
Sidewalks. All sidewalks necessary to provide access
to the lot, building or use in question shall have been properly installed.
(4)
Streets. Curbing and the bituminous base course of
bituminous concrete streets or the curbing and pavement course for
portland cement concrete streets necessary to provide access to the
proposed lot, building or use shall have been properly installed.
(5)
Curbing and parking areas. Curbing and the bituminous
base course of parking areas necessary to provide access to the required
number of parking spaces for the building or use in question shall
have been properly installed.
(6)
Obstructions. All exposed obstructions in parking
areas, access drives or streets such as manhole frames, water boxes,
gas boxes and the like shall be protected by building to the top of
such exposures with bituminous concrete as directed by the City Engineer.
(7)
Screening, fences, and landscaping. All required screening,
fencing and/or landscaping related to the lot, building or use in
question shall have been properly installed unless the City Engineer
shall direct the developer to delay the planting of screening and
landscaping until the next planting season in order to improve the
chances of survival of such plantings.
(8)
Site grading. All site grading necessary to permit
proper surface drainage and prevent erosion of soils shall have been
completed in accordance with the soil disturbance plans approved by
the Cape Atlantic Conservation District.
(9)
Public water supply. Where the proposed lot, building
or use is served by a public water supply, said supply shall have
been installed and tested and all required fire hydrants or fire connections
shall have been installed and tested and approved.
(10)
Lighting. All outdoor lighting shall have been
installed and shall be operational.
(11)
Street signs and traffic control devices. All
street signs, paint lining and/or traffic control devices affecting
the proposed lot, building, or use, and required under the terms of
approval of a subdivision or site plan or by federal, state, county,
or municipal rules, regulations, or laws, shall have been installed.
(12)
Performance guarantee. The City Engineer shall
have received a statement signed by the developer and any entity providing
any performance guarantee, which contains language identical or similar
to the following: "The issuance of any certificate of occupancy (temporary
or permanent) shall not be a basis for any claimed reduction in any
performance guarantee."
(13)
Other. Any other conditions established for
issuance of a certificate of occupancy by the municipal agency as
a condition of final site plan approval shall be complied with.
C.
Temporary certificates of occupancy shall be issued
for a specified period of time not to exceed one year, and the applicant
shall post a cash guarantee with the City in an amount equal to the
cost, to the City, of constructing all uncompleted improvements, prior
to the issuance of any such temporary certificate of occupancy.
A maintenance guarantee shall be posted with the City Council by the developer 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 improvements. The developer may elect to furnish such maintenance guarantee either by maintaining on deposit with the City 15% cash or certified check portion of the performance guarantee provided in accordance with § 215-70 of this article or by a bond issued by a bonding company or surety company, or other type of surety acceptable to and approved by the City Solicitor and City Council in an amount equal to 15% of the cost of the improvements. The maintenance guarantee shall be to the effect that the applicant, developer, owner or user guarantees the complete maintenance of all improvements for a period of two years from the release of his performance guarantee. Should he/she fail in his/her obligation to properly maintain all improvements, the City may, on 10 days' written notice or immediately, in the case of hazard to life, health or property, proceed with necessary repair or replacement of any unacceptable improvements and charge the cost thereof against the guarantee. At the end of the maintenance guarantee, the cash or certified check on deposit will be returned to the subdivider less any sum, properly documented by the City, which has been expended to repair or replace any unsatisfactory improvements.
