Township of Westampton, NJ Article VII Improvements

§ 215-14 Required improvements.

A. Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guaranties for the ultimate installation of the following:

(1) Streets.

[Amended 2-28-1974 by Ord. No. 1-1974; 8-15-1977 by Ord. No. 6-1977]

(a) All streets shall be graded in accordance with approved profiles and shall be paved with the following:

[1] Six-inch depth compacted Type 2, Class A or B subbase.

[2] Five-inch depth compacted bituminous stabilized base course.

[3] Two-and-one-half-inch minimum compacted thickness surface course of bituminous concrete FABC-2, laid in two layers. The first course shall be one-and-one-half-inch minimum thickness applied in one construction season. The second course shall be one-inch minimum thickness and applied in the second construction season. A period of time of five months shall elapse between the first and second courses unless a shorter period is approved by the Township Engineer.

[4] The requirement of six-inch compacted thickness Type 2, Class A or B subbase will not be required where the seasonal highwater table is not within 2 1/2 feet of the top of the proposed subgrade and where a CBR of 15 or greater is obtained by proper testing of the existing subgrade material. Additional depth subbase in excess of the minimum six-inch depth required under Subsection A(1)(a)[1] above shall be installed if, in the opinion of the Engineer, six inches of subbase is not sufficient to provide a stable subgrade.

[5] All low points in road profiles shall be properly underdrained as approved by the Township Engineer.

(b) Test borings and observation wells, located at a minimum of five-hundred-foot intervals in street areas, to determine the types of soils and the water table shall be provided to the Township Engineer prior to any street construction. To ascertain the seasonal high-water table, these tests shall be performed between December 1 and April 30. If the performance of the tests during the above-mentioned time period causes an undue delay upon the developer or applicant, existing available data and an inspection of the site shall be the basis of determination by the Township Engineer of the probable seasonal highwater table. Additional test borings shall be supplied at any time prior to or during construction, if requested by the Township Engineer, in areas of questionable subgrade conditions.

(c) An underdrain system satisfactory to the Township Engineer shall be designed and installed in all street areas where the seasonal high-water table is within two feet six inches of the top of the proposed subgrade or where, in the opinion of the Engineer, subsurface conditions require underdraining to properly protect any proposed street construction. Underdrain systems shall consist of either combination drains, Type F underdrains and subbase outlet drains, or a combination thereof.

(d) All materials and methods of construction shall comply with the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction 1961, and all addenda and amendments thereto.

(e) All the above are minimum requirements and, based on test borings, CBR tests, core borings, existing data, field observation and information, the installation of underdrains, subbase and/or alternate pavement designs may be required at any time during construction.

(f) The costs of all soil test borings, CBR tests, core borings, field investigation and observations and research and compilation of existing data regarding the suitability of land for street construction shall be the responsibility of the applicant and/or subdivider, including any such work performed by the Township Engineer who shall have the right to verify and/or conduct such additional tests deemed necessary. All costs incurred by the Township Engineer shall be paid from escrow deposits required in § 215-16.

(2) Street signs.

(3) Curbs and/or gutters. Curbs shall be six feet by eight feet by 18 inches Class B concrete. Forms shall be set in accordance with approved lines and grades. Radial curbing shall be formed in an arc segment in a smooth curve, and the use of chord segments is hereby specifically prohibited.

[Amended 12-20-1960]

(4) Sidewalks.

(5) Streetlighting.

(6) Shade trees.

(7) Topsoil protection. No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.

(8) Monuments.

[Amended 8-12-1997 by Ord. No. 18-1997]

(a) Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12 (the Map Filing Law) and be placed in accordance with said statute and indicated on the final plat.

(b) Each lot subdivided, individual lots which are surveyed, construction of a fence or any construction that requires a setback to be ascertained shall be required to be monumented or staked to preserve lot identities.

(c) Monuments shall be the size and shape as described in the statute above. In the alternative, all lot corners or changes in the bearing of the line, or such other place in the lot line as is described in the Map Filing Law set forth above, shall be marked with a metal alloy pin of permanent character. Wooden stakes are not permitted, and the property owner or developer may not waive this requirement for monumentation.

(9) Water mains, culverts, storm sewers and sanitary sewers and fire hydrants. All such installation shall be properly connected with an approved system and shall be adequate to handle all present and probable future development.

(a) The developers or owners shall lay all sewer mains, connections and appurtenances in the streets, on specifications and under the inspection of the Township Engineer, approved by the Engineer or his representatives.

(b) The developers or owners shall make all house connections within the street limits from the curb to the main, including the Y-branches, and provide each house connection with a vent at the curb.

(c) All expenses shall be paid by the developers or owners, including plans, specifications and inspection of the construction.

(d) The township shall receive deed for all right, title and interest in the collection system lines, storm sewers, water mains and culverts.

(e) Sewer mains in the street may be a greater diameter than necessary to serve the project, in which case increased cost shall be paid by developers situate the further distance from the treatment plant than the previous development, said additional costs to be deposited with the township in cash.

(f) The developer or owner shall pay for all construction, including replacement of roadway pavement materials similar to present composition.

(g) The developer or owner shall be responsible for obtaining all permits required in the construction.

(h) The homeowner shall pay an annual sewer rental as established by the township.

(i) The current sewer connection charge shall be paid to the township for each connection.

(10) Recycling containers. Developers or owners shall furnish every new home with a recycling container for the Township curbside recycling program. The color and size of the container will be determined by the Township's Clerk office.

[Added 4-13-2004 by Ord. No. 7-2004]

B. All of the above-listed improvements shall be subject to inspection and approval by the Municipal 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.

§ 215-15 Performance guaranties.

[Amended 9-18-1962; 3-26-1981 by Ord. No. 9-1981; 9-21-1992 by Ord. No. 10-1992; 11-10-1998 by Ord. No. 24-1998; 3-3-2020 by Ord. No. 1-2020[1]]

A. Required guarantees; surety.

(1) Before recording of final subdivision plats or deeds and/or as a condition to the issuance of a zoning permit, the applicant shall have installed all required improvements; provided, however, that the Township may require and shall accept performance and maintenance guarantees for the purpose of assuring the installation and maintenance of certain on tract improvements. Such performance and maintenance guarantees shall be in accordance with the provisions of this section.

(2) In accordance with N.J.S.A. 40:55D-53.4, for the purpose of assuring the installation and maintenance of bondable land development improvements, as a condition of all final site plan, subdivision, and/or zoning permit approvals, the Board or Zoning Officer, as appropriate, shall require, and the Township Council shall accept the following guarantees:

(a) Performance guarantees.

[1] The furnishing of a performance guarantee in favor of the Township 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 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; water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. The performance guarantee shall also cover the cost for privately owned perimeter buffer landscaping in an approved phase or section of a development, either as a separate guarantee or as a line item of the performance guarantee.

[2] The cost of the improvements covered by the performance guarantee shall be determined by the Township Engineer.

[3] The Township 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 obligor.

[4] Such performance guaranty shall run for a period to be fixed by the Land Development Board, but in no case for a term of more than three years. However, the time allowed for installation of the bonded improvements for which the performance guaranty has been provided may be extended by the governing body by resolution. As a condition or 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 120% of the cost of the installation as determined by the developer and approved by the Municipal 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] In the event that a successor developer to the original developer becomes responsible for completion of the required improvements, the successor developer shall furnish a replacement performance guarantee.

[a] Except as otherwise provided by an ordinance requiring a successor developer to furnish a replacement performance guarantee, the Township Council or approving authority shall not accept a replacement performance guarantee without securing:

[i] Written confirmation from the new obligor that the intent of the new obligor is to furnish a replacement performance guarantee, relieving the predecessor obligor and surety, if any, of any obligation to install improvements; and

[ii] Written verification from the Township Engineer that the preplacement performance guarantee is of an amount sufficient to cover the cost of the installation of improvements, but not to exceed 120% of the cost of the installation, which verification shall be determined consistent with Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53).

(b) Maintenance guarantee.

[1] In accordance with N.J.S.A. 40:55D-53.4, developer shall post with the municipality a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: 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 by the Municipal Engineer.

[2] The maintenance guarantee shall be furnished upon the inspection and issuance of final approval of the applicable private site improvements by the Municipal Engineer.

[3] The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.

(c) Temporary certificate of occupancy guarantee.

[1] Pursuant to N.J.S.A. 40:55D-53(1)(c), a developer shall furnish a temporary certificate of occupancy guarantee ("TCOG") whenever the developer seeks a temporary certificate of occupancy for a development, unit, lot, building, or phase of development. The TCOG shall be furnished in favor of the municipality in an amount equal to 120% of the cost of installation of any improvements which: 1) remain to be completed or installed under the terms of the temporary certificate of occupancy; 2) are required to be completed or installed as a condition precedent to the issuance of a permanent certificate of occupancy; and 3) are not covered by an existing performance guarantee.

[2] The scope and amount of the TCOG shall be determined by the Municipal Engineer.

[3] The TCOG shall be released upon the issuance of a permanent certificate of occupancy.

(d) Safety and stabilization guarantee.

[1] Pursuant to N.J.S.A. 40:55D-53(1)(d), a developer shall furnish a safety and stabilization guarantee ("SSG") in favor of the municipality, either as a separate guarantee or as a line item of the performance guarantee.

[2] The amount of the SSG for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000. The amount of the SSG 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.

[3] The municipality shall release a separate SSG 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 pursuant to this chapter.

[4] An SSG shall be available to the municipality for the purposes of returning property that has been disturbed to a safe and stable condition, or taking other measures to protect the public from access to an unsafe or unstable condition. An SSG shall only be available to the municipality when:

[a] 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

[b] Work has not recommenced within 30 days following the provision of written notice by the municipality to the developer of the municipality's intent to claim payment under the guarantee. A municipality shall not provide notice of its intent to claim payment under a SSG 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. A municipality shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt.

[5] The municipality shall release a SSG upon the Municipal 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.

(e) Form of guarantee: At least 10% of the performance guarantee shall be in the form of cash or a certified check made payable to the Township of Westampton. The balance of the performance guarantee shall be in the form of any security issued by an institution authorized to issue such securities in the State of New Jersey and which may be accepted by the Township and approved by the Township Attorney, including but not limited to surety bonds, cash and letters of credit; provided that the Township shall only accept an irrevocable letter of credit if it:

[1] Constitutes an unconditional payment obligation of the issuer running solely to the Township for an express initial period of time in the amount determined pursuant to this chapter;

[2] Is issued by a banking or savings institution authorized to do and doing business in the State of New Jersey;

[3] Is for a period of at least one year; and

[4] Permits the Township to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this section 30 days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit.

B. Other governmental agencies. In the event that other governmental agencies or public utilities will automatically 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.

C. Failure to perform; municipal completion. 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 may either prior to or after the receipt of the proceeds thereof complete 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.

D. Conformance with municipal standards. All improvements shall be in accordance with the design standards of the Township Code or as authorized by a design exception granted by the reviewing board and shall be subject to inspection and approval by the Municipal Engineer. The Municipal Engineer shall be notified 24 hours prior to the start of the various phases of the work, and if discontinued, shall again be notified when the work will be continued.

E. Release or reduction of performance guarantee.

(1) Upon substantial completion of all required improvements, the obligor may request of the governing body, in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this chapter, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Council, 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 Township Engineer shall state, in detail with respect to each 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 improvement determined to be unsatisfactory. The report prepared by the Township 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 guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to this chapter.

(3) The Township Council, by resolution, shall either accept the improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction or release to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this chapter. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Council, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those accepted improvements, except for that portion sufficient to secure completion or correction of the improvements not yet accepted; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements. If any portion of the required improvements is rejected, the Township shall 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. Inspection fees.

(1) 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 municipality may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.

(2) If the Township determines that the amount in escrow for the payment of inspection fees is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow provided that the Township delivers to the developer a written inspection escrow deposit request 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.

G. Phasing in sections. In the event that final approval is by stages or sections of development pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.

H. Dedication and acceptance. To the extent that any of the improvements have been dedicated to the Township on the subdivision plat, site plan and/or zoning permit, the municipality shall be deemed, upon the release of any performance guarantee required hereunder, to accept dedication for public use any improvements made thereunder, provided that such improvements have been inspected and have received final approval by the Township Engineer.

I. Installation of improvements and maintenance or performance guaranty required. No final plat shall be approved by the approving authority until all items required to be bonded (on-site, off-site, on-tract and off-tract) in the public interest have been installed, inspected, certified and approved by the Township Engineer and accepted by the governing body and a maintenance guaranty has been filed and accepted by the governing body in accordance with the requirements of this Code at § 215-15.

[1] Editor's Note: Section 2 of this ordinance addressed applicability to existing projects as follows: "The modifications in this ordinance shall be applicable to all projects that have not received final approvals from the Township Land Development Board and/or which have not posted bonds and begun construction of required improvements as of January 16, 2018, the date of enactment of P.L. 2017, c. 312, [which] obviated the Township's previously lawful ordinances."

§ 215-16 Payment of engineering fees prior to commencement of construction.

[Added 9-18-1962; amended 2-28-1974 by Ord. No. 2-1974]

The subdivider shall not commence any construction work until there is first deposited by him with the Township Treasurer a sum estimated by the Township Engineer to be sufficient to cover total engineering fees for supervision, inspection and approval of all improvements to be installed in the subdivision. The amount of said sum shall be approved by the Township Committee after the Engineer's estimate has been received. This sum shall be held in escrow by the Township Treasurer, who shall use said sum to pay the Township Engineer for his engineering services. The Engineer shall be paid not more often than monthly on vouchers presented by him and first approved by the Township Committee. If the total amount paid the Township Engineer is less than the escrow amount, the excess shall be returned to the subdivider. The subdivider shall furnish the Township Engineer, on his request, with copies of plans and profiles of all new streets and utility layouts.

§ 215-17 Requirements for issuance of building permits.

[Added 9-18-1962]

No building permit for the erection of a building on a lot fronting or abutting on a new street in a major subdivision shall be issued unless and until the following requirements have been satisfied:

A. The final plat of the subdivision shall have been filed with the Clerk of Burlington County.

B. The subdivider shall have filed with the Township Clerk/Administrator an adequate guaranty to maintain said new street or streets for a period of two years after the acceptance by the township, the amount thereof to be approved by the Township Committee on advice of the Township Engineer and the form thereof to be approved by the Township Attorney.

[Amended 9-21-1992 by Ord. No. 10-1992]

C. The subdivider shall have filed with the Township Clerk/Administrator an adequate guaranty to repair and replace all sewer mains and laterals for a period of two years after acceptance by the township of any new street in which they are situate or from which they extend, the amount thereof to be approved by the Township Committee on advice of the Township Engineer and the form thereof to be approved by the Township Attorney.

[Amended 9-21-1992 by Ord. No. 10-1992]