A.
Following preliminary approval,but prior to final approval, the applicant may elect to install all required improvements as specified in Article IX, under the supervision and inspection of the Township Engineer, or he may post performance guaranties for any or all required improvements as hereinafter provided and install any required improvements not covered by the performance guaranties.
B.
Following installation of improvements and/or posting
performance guaranties as provided above, the applicant shall be entitled
to the final subdivision plat approval; however, no building permits
shall be issued in the development or section thereof for which final
approval was obtained until the completion of all required improvements,
except the following:
C.
All improvements covered by the performance guaranties
shall be completed within two years of final approval unless an extension
of time is granted by the Township Committee.
D.
No performance guaranty shall be considered filed
or accepted for filing with the Township Clerk unless and until the
following conditions are met:
(1)
Final construction plans and an estimate of the cost
of construction have been filed with the Township Committee.
(2)
The Township Engineer shall have certified, in writing,
to the Township Committee that the amount thereof is sufficient to
assure the completion of the improvements and compliance with the
tree protection and removal plan and the soil erosion and sediment
control plan.
(3)
The Township Attorney shall have approved the sufficiency
of the form and execution of said performance guaranty.
(4)
The Township Committee shall have approved the qualifications
of the surety and stipulated the duration of said guaranty.
E.
If the applicant elects to post performance guaranties
pursuant to this section, the final plat shall contain the following
statement in bold letters:
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NOTICE
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CONSTRUCTION OF ALL REQUIRED IMPROVEMENTS ARE
TO BE COMPLETED WITHIN TWO YEARS OF FINAL APPROVAL UNLESS AN EXTENSION
OF TIME HAS BEEN OBTAINED FROM THE TOWNSHIP COMMITTEE. THE MUNICIPALITY
HAS NO OBLIGATION TO CONSTRUCT ANY IMPROVEMENTS NOT COMMENCED NOR
TO COMPLETE ANY IMPROVEMENTS COMMENCED BY THE DEVELOPER, EXCEPT TO
THE EXTENT OF FUNDS RECEIVED FROM THE PERFORMANCE GUARANTIES POSTED
BY THE DEVELOPER WITH THE MUNICIPALITY.
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F.
If improvements are required to be constructed as
a condition of minor subdivision approval, the applicant shall complete
all such improvements within one year from the date of approval of
said minor subdivision. The applicant shall also post a performance
guaranty in accordance with all requirements applicable thereto for
a major subdivision.
G.
In the event that public improvements are required
to be installed as a condition of final approval of a site plan, then
all provisions relating to the installation of said improvements and
the posting of performance guaranties applicable to subdivisions shall
apply to the site plan.
A.
The performance guaranty shall be in favor of the
Township of Boonton in an amount equal to 120% of the cost of such
improvements. At least 10% of the performance guaranty shall be in
the form of cash or a certified check made payable to the Township
of Boonton.
B.
The performance guaranty shall be approved by the
Township Attorney as to form, sufficiency and execution. The performance
guaranty shall enumerate all required improvements in detail, setting
forth the amount, quantity and specification of all items. Such performance
guaranty shall run for a period to be determined by the Township Committee.
C.
Any cash or certified check furnished as a performance guaranty in favor of the Township shall be held in escrow by the Township and deposited or invested in the manner prescribed in § 102-13.
D.
If the required improvements have not been installed
in accordance with the performance guaranty, the obligor and surety
shall be liable thereon to the Township for the reasonable cost of
the improvements not installed or improperly installed, and, upon
receipt of the proceeds thereof, the Township shall install such improvements.
The cost of such improvements shall first be paid from the certified
check required above.
E.
Extension of time. The time allowed for installation
of the improvements for which the performance guaranty has been provided
may be extended by the Township Committee by resolution. As a condition
or as part of any such extension, the performance guaranty shall be
extended and may be required to be increased or reduced, as the case
may be, to an amount not to exceed 120% of the cost of the installation
as determined at the time of the passage of the resolution approving
said extension.
The applicant shall file with the Township Committee
a certificate of insurance evidencing the existence of a general liability
insurance policy naming the Township as an additional insured at the
same time that he files any required performance guaranty; provided,
however, that the municipal agency may waive this requirement for
good cause when the agency attorney and engineer so advise. The Township
Attorney shall approve any policy as to form. The policy shall be
of the same term as the performance guaranty and shall be extended
in conformance with any extension of the performance guaranty. The
policy shall insure the Township and the applicant and cover all operations
in the development involving existence and maintenance of property
and buildings and contracting operations of every nature, including
all public improvements. The policy shall have limits of liability
of at least $1,000,000 for bodily injury for each person and $2,000,000
liability on the aggregate for each accident and $500,000 aggregate
property damage liability; provided, however, that such limit shall
be considered minimum and higher liability limits may be required
by the municipal agency or by the Township Committee with respect
to specific projects where the possible liability would warrant such
increase.
All improvements shall be installed in accordance
with the approved preliminary plat, except that the Township Engineer
may, prior to construction, approve minor variations which site conditions
may require. If major revisions are involved, a revised preliminary
plat or plan shall be submitted to and approved by the Planning Board
prior to commencement of construction.
Also prior to the filing of an application for final subdivision or site plan approval, the applicant shall have paid his pro rata share of the cost of any off-tract improvements necessitated by his development as determined in accordance with the requirements of Article X.
A.
Upon request of an applicant, the amount of any performance
guaranty may be reduced in accordance with the provisions of N.J.S.A.
40:55D-53 by the Township Committee by resolution where portions of
the improvements have been certified by the Township Engineer to have
been completed. The time allowed for installation of the improvements
for which the performance guaranty has been provided may be extended
by the Township Committee by resolution.
B.
If the required improvements are not completed or
corrected in accordance with any performance guaranty, the obligor
or 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 said improvement.
C.
When all of 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
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.
D.
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 the report and the action of the Township
Committee with relation thereto not later than 65 days after receipt
of the notice from the obligor or the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to its performance guaranty except for that
portion adequately sufficient to secure provision of the improvements
not yet approved. Failure of the 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
guaranty.
E.
If any portion of the required improvements is rejected,
the approving authority may require the obligor to complete such improvements,
and, upon completion, the same procedure of notification as herein
above set forth shall be followed.
F.
Notwithstanding any provision of this chapter to the
contrary, upon completion of all improvements but prior to acceptance
by the Township Committee of such improvements and prior to the release
of any performance guaranty which may have been posted, deeds and
an affidavit of title and title commitment, if necessary, must be
received free and clear of all mortgages and encumbrances for all
fee and other property interests and improvements to be conveyed to
the Township.
Prior to any construction and coincident with
the furnishing of the performance guaranty by the developer, there
shall be drafted by the Township an agreement between the developer
and the Township of Boonton incorporating all of the terms and conditions
of approval imposed by the Planning Board. The agreement shall be
drawn by the Township and shall be executed by the applicant. The
agreement must contain the following provision: It is hereby understood
and agreed that in the event that the principal shall default in the
performance of its obligation under this agreement, then the Township
shall perform said principal's obligation at the option of the Township
Committee. Any cost incurred by the Township in performing the principal's
obligation shall be charged to the developer under conditions to be
established by agreement.
Implicit in every preliminary approval and part
of each such agreement in connection with final approval shall be
the agreement of the applicant to:
A.
Procure any drainage, sight triangle and other appropriate
easements as are deemed necessary by the approving authority.
B.
Make such revisions in the development plan as may
be reasonably required before or during construction by the Township
Engineer. All drainage problems shall be resolved to the satisfaction
of the Township Engineer prior to the acceptance by the Township of
any road and related improvements in the subdivision.
A.
Prior to the acceptance by the Township of any improvements
installed for any subdivision, the applicant shall furnish to the
Township Engineer as-built plans for the following drawn on translucent
tracing cloth or its equivalent on sheets not larger than 24 inches
by 36 inches and a minimum scale of one inch equals 50 feet horizontal
and one inch equals five feet vertical:
(1)
Roads (plans and profiles showing design elevations
and center line gradients and as-built elevations along road center
line at fifty-foot stations and as-built center line gradients).
(2)
Surface and stormwater drainage (plans and profiles
for facilities in roads and easements and showing pipe sizes, invert
elevations, top or rim elevations and pipe gradients).
(3)
Sanitary sewers (plans and profiles for facilities
in roads and easements and showing pipe sizes, invert elevations,
top or rim elevations and pipe gradients.)
(4)
Water mains, gas mains, underground electric Ordinance
conduits and underground telephone conduits (plans and profiles for
facilities in roads and easements).
B.
All of the foregoing improvements and utilities may
be shown on the same location plan with appropriate legends.
[Amended 9-25-2000 by Ord. No. 622]
Prior to the release of the performance guaranty or in the event that all improvements are installed by the applicant prior to final approval in lieu of posting a performance guaranty prior to the acceptance of the improvements, the applicant shall post with the Township of Boonton a maintenance guaranty in accordance with Township specifications. The maintenance guaranty shall amount to 15% of the cost of installing all improvements within the subdivision or, in the case of site plans, 15% of the cost of installing the public improvements, as determined by the Township Engineer. Said maintenance guaranty shall run for two years after the acceptance of said improvements by the Township Committee; provided, however, that in the case of subdivisions on private roads as permitted and regulated in § 102-167, said maintenance guaranty shall run for two years after the completion of the installation of said improvements. The maintenance guaranty shall be expressly conditioned upon the maintenance by the applicant of all such improvements during the guaranty period. The maintenance guaranty shall further guarantee the replacement of any dead or diseased shade trees and plantings.
All of the improvements listed in Article IX shall be subject to inspection and approved by the Township Engineer, who shall be notified by the developer at least 72 hours prior to the start of construction. No underground installation shall be covered until inspected and approved by said Engineer. Inspection fees are established in § 82-1D of the Township Code.
In the event that final approval is by sections
of development, the provisions of this section shall be applied by
stage or section.
All provisions of Chapter 127, Streets and Sidewalks, pertaining to road opening and acceptance shall be complied with.
