Prior to the granting of final approval, the subdivider shall have installed
all improvements or shall have furnished performance guaranties for the ultimate
installation of all improvements, including:
A.
Streets.
B.
Street signs.
C.
Curb and/or gutters.
D.
Sidewalks.
E.
Streetlighting.
F.
Shade trees, to be located on the street line so as not
to interfere with utilities or sidewalks.
G.
Topsoil protection. No topsoil shall be used as spoil
or removed from the site. Topsoil moved during the course of construction
shall be redistributed so as to provide at least six (6) inches of cover to
all areas of the subdivision and shall be stabilized by seeding, sodding or
planting on slopes of less than twelve percent (12%) as shown on the final
grading plan and shall be stabilized by sodding on slopes of twelve percent
(12%) or over as shown on the final grading plan.
H.
Monuments, to be of the size and shape required by N.J.S.A.
46:23-9.11, as amended, and shall be placed in accordance with said statute.
I.
Water mains, culverts, storm sewers and sanitary sewers.
All such installations shall be properly connected with an approved system
and shall be adequate to handle all present and probable future development.
J.
Grading.
K.
Pavement.
L.
Drainage structures, erosion controls and sedimentation
control devices.
M.
Public improvements of open space.
All of the above-listed improvements shall be subject to inspection
and approval by the City Engineer who shall be notified by the subdivider
at least twenty-four (24) hours prior to the start of construction. No underground
installation shall be covered until inspected and approved. The city may charge
the subdivider an inspection fee not to exceed the costs incurred in performing
the inspection.
No final plat shall be approved by the Planning Board until the completion
of all such required improvements has been certified to the City Council by
the City Engineer, unless the subdivider shall have filed with the city a
performance guaranty as hereinafter provided.
A.
The subdivider shall file with the city a performance
guaranty sufficient in amount not to exceed one hundred twenty percent (120%)
of the cost of all required improvements or uncompleted portions thereof as
estimated by the City Engineer pursuant to N.J.S.A. 40:55D-53.4 for improvements
deemed necessary or appropriate, including streets, grading, pavement, gutters,
curbs, sidewalks, streetlighting, shade trees, surveyors monuments, water
mains, culverts, storm sewers, sanitary sewers or other means of sewerage
disposal, drainage structures, erosion control and sedimentation control devices
and public improvements of open space and assuring the installation of such
uncompleted improvements on or before an agreed date. The City Engineer shall
prepare an itemized cost estimate of the improvements covered by the performance
guaranty, which itemized cost estimate shall be appended to each performance
guaranty posted by the obligor. Such performance guaranty may be in the form
of a performance bond which shall be issued by a bonding or surety company
approved by the Planning Board; a certified check, returnable to the subdivider
after full compliance; cash pursuant to the provisions of N.J.S.A. 40:55D-53.3;
an irrevocable letter of credit pursuant to the requirements of N.J.S.A. 40:55D-53.5;
or any other type of surety approved by the Corporation Counsel as to form,
sufficiency and execution. At least ten percent (10%) of said guaranty shall
be made in cash. Such performance guaranty shall run for a period to be fixed
by the Planning Board but in no case for a term of more than three (3) years.
B.
The time allowed for installation of improvements may
be extended by resolution of the City Council. As a condition or as part of
any such extension, the amount of any performance guaranty shall be increased
or reduced, as the case may be, to an amount not to exceed one hundred twenty
percent (120%) of the cost of the installation, as determined by the Municipal
Engineer according to N.J.S.A. 40:55D-53.4 as of the time of the passage of
the resolution.
C.
Uncompleted and unsatisfactorily completed improvements.
(1)
Upon substantial completion of all required street improvements and utility improvements and the connection of the same to the public system, the obligor on the performance guaranty may request of the governing body, 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 pursuant to Subsection A, a list of all uncompleted and unsatisfactorily completed 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 improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereafter, the City Engineer shall inspect all improvements covered by the request and shall file a detailed list and report, in writing, with the governing body and shall also send a copy thereof to the obligor not later forty-five (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 improvement determined to be incomplete or unsatisfactory the nature and extent of the incompleteness 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 City 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 guaranty relating to the completed and satisfactory improvement in accordance with the itemized cost estimate prepared pursuant to Subsection A.
D.
Approval of the complete and satisfactory improvements
and approval of a reduction in the performance guaranty.
(1)
The Municipal Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the City Engineer or reject any of these improvements and shall approve and authorize the amount of reduction to be made in the performance guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the City Engineer pursuant to Subsection A. This resolution shall be adopted not later than forty-five (45) days after receipt of the list and report prepared by the City Engineer. Upon adoption of the resolution by the City Council, the obligor shall be released from all liability pursuant to its performance guaranty 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 thirty percent (30%) of the amount of the performance guaranty posted may be retained to ensure completion and acceptability of all improvements.
(2)
If the City Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection C within forty-five (45) days from receipt of the request, the obligor may apply to a court in a summary manner for an order compelling the City Engineer to provide the list and report within a stated time. If the city fails to approve or reject the improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guaranty for the complete and satisfactory improvements within forty-five (45) days from the receipt of the City 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 guaranty for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the City Engineer pursuant to Subsection A.
(3)
In the event that the obligor has made a cash deposit
with the city or approving agency as part of the performance guaranty, any
partial reduction granted in the performance guaranty 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 guaranty.
E.
If any portion of the required improvements is rejected,
the approving agency 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.
F.
The obligor shall reimburse the municipality for all
reasonable inspection fees paid to the City Engineer for the foregoing inspection
of improvements, provided that the city may require of the developer a deposit
for the inspection fees in an amount not to exceed, except for extraordinary
circumstances, the greater of five hundred dollars ($500.) or five percent
(5%) of the cost of improvements, which cost shall be determined pursuant
to N.J.S.A. 40:55D-53.4. For those developments for which the reasonably anticipated
fees are less than ten thousand dollars ($10,000.), fees may, at the option
of the developer, be paid in two (2) installments. The initial amount deposited
by a developer shall be fifty percent (50%) of the reasonably anticipated
fees. When the balance on deposit drops to ten percent (10%) of the reasonably
anticipated fees because the amount deposited by the developer has been reduced
by the amount paid to the Municipal Engineer for inspection, the developer
shall deposit the remaining fifty percent (50%) of the anticipated inspection
fees. For those developments for which the reasonably anticipated fees are
ten thousand dollars ($10,000.) or greater, fees may, at the option of the
developer, be paid in four (4) installments. The initial amount deposited
shall be twenty-five percent (25%) of the reasonably anticipated fees. When
the balance on deposit drops to ten percent (10%) of said 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 twenty-five percent (25%) of the reasonably anticipated fees. The City
Engineer shall not perform any inspection if sufficient funds to pay for the
inspections are not on deposit.
If the required improvements have not been installed or corrected in
accordance with the performance guaranty, the obligor and surety, if any,
shall be liable thereon to the city for the reasonable cost of the improvements
not installed or corrected and, either prior to or after receipt of the proceeds
thereof, the city may complete such improvements. Such completion or correction
shall be subject to the public bidding requirements of the Local Public Contracts
Law (N.J.S.A. 40A:11-1 et seq.).
For all improvements not owned by a governmental agency or public utility
and not covered by a maintenance guaranty to another governmental agency,
a maintenance guaranty shall be posted with the city by the subdivider for
a period not to exceed two (2) years after final acceptance of the improvements,
in an amount not to exceed fifteen percent (15%) of the cost of the improvements,
which cost shall be determined by the Municipal Engineer according to N.J.S.A.
40:55D-53.4.
A.
All streets shall be paved the full width between the
curblines as determined by the Planning Board. The minimum width of pavement
will be thirty (30) feet. In residential sections, the pavement type shall
be six (6) inches dense graded aggregate, four (4) inches bituminous stabilized
base, mix I-2, and two (2) inches bituminous concrete, mix I-5. In commercial
and industrial sections, the pavement type shall be eight (8) inches dense
graded aggregate, six (6) inches bituminous stabilized base, mix I-2, and
three (3) inches bituminous concrete, mix I-5, unless, in the opinion of the
City Engineer, local conditions require a more durable pavement.
B.
Straight concrete curb or combined concrete curbs and
gutters will be required in all street improvements. They shall be constructed
in accordance with the standard plans and specifications of the city and the
applicable provisions of this chapter.
C.
Concrete sidewalks will be required on all street improvements
and shall be constructed in accordance with applicable city specifications.
D.
Provisions shall be made for stormwater drainage, sanitary
sewage and utilities. All such installations shall be connected with an approved
system and shall be adequate for all present and probable future development
and shall be made according to the standard requirements and specifications
of the city.
E.
Appropriate street name signs shall be installed at all
street intersections.
F.
Appropriate streetlights shall be installed where designated
by the Planning Board.
G.
Landscaping and buffer requirements as designated by
the Planning Board shall be required.
