A.
Prior to the granting of final approval, the subdivider
shall have installed or shall have furnished performance guaranty
for the ultimate installation of the following:
(1)
Streets which shall have a right-of-way width of at
least 40 feet and shall be paved at least 26 feet in width. Pavements
shall be constructed in accordance with the applicable specifications
currently in effect as defined or established by the highway department
of the State of New Jersey. Plans and paving specifications shall
be submitted to the Borough Engineer and his approval shall be obtained
prior to the commencement of construction.
(2)
Street signs.
(3)
Curbs and/or gutters shall be installed on roads having
a grade of 6% or more and wherever else they may be necessary.
(5)
The subdivider shall connect water service with that
of the Borough of Andover if, in the opinion of the Borough Engineer,
it is feasible to use or connect with the Borough's water system.
All water mains and pipes within the development shall be furnished
at the expense of the subdivider and constructed in accordance with
plans to be first approved by the Borough Engineer.
(6)
Culverts, inlets and storm sewers must be installed
where, in the opinion of the Borough Engineer, the topography requires
same.
B.
All of the above-listed improvements shall be subject
to inspection and approval by the Borough Engineer, who shall be notified
by the subdivider at least 24 hours prior to the start of construction.
No underground installation shall be covered until inspected and approved.
C.
Inspection by Borough Engineer must be made within
72 hours, Sundays, Saturdays and legal holidays excepted, after such
notification by the subdivider, and in the event that such inspection
is not made by the Borough Engineer, then in that event approval by
the Borough Engineer shall be presumed.
A.
No final plat shall be approved by the Planning Board
until the completion of all such required improvements has been certified
to the Planning Board by the Borough Engineer, unless the subdivision
owner shall have filed with the Borough a performance guaranty sufficient
in amount to cover the cost of all such improvements or uncompleted
portions thereof as estimated by the Borough Engineer, and assuring
the installation of such uncompleted improvements on or before a date
to be established by the Planning Board. 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 governing body, a certified
check, returnable to the subdivider after full compliance or any other
type of surety approved by the Borough Attorney.
B.
The performance guaranty shall be approved by the
Borough Attorney as to form, sufficiency and execution. 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 years,; however, with
the consent of the owner and the surety, if there be one, the governing
body may by resolution extend the terms of such performance guaranty
for an additional period, The amount of the performance guaranty may
be reduced by the governing body by resolution when portions of the
required improvements have been installed.
C.
If the required improvements have not been installed
in accordance with the performance guaranty the obligor and surety
shall be liable thereon to the Borough for the reasonable cost of
the improvements not installed, and upon receipt of the proceeds thereof,
the Borough shall install such improvements.
[Added 9-11-1978]
Pursuant to the provisions of N.J.S.A. 40:55D-39
and N.J.S.A. 40:55D-12, construction of or contributions for off-tract
water, sewer, drainage and street improvements may be required in
accordance with the following criteria:
A.
Improvements to be constructed at the sole expense
of the applicant. In cases where reasonable and necessary need for
an off-tract improvement or improvements is necessitated or required
by the proposed development application, and where no other property
owners receive a special benefit thereby, the Planning Board may require
the applicant, as a condition of subdivision approval, at the applicant's
sole expense, to provide for and construct such improvements as if
such were on-tract improvements in the manner provided hereafter and
as otherwise provided by law.
B.
Contributions by developer toward required off-tract
improvements.
(1)
In cases where the need for any off-tract improvement
in necessitated by the proposed development application, and where
the Planning Board determines that properties outside the development
will also be benefited by the improvements, such determination shall
be made by the Planning Board in writing. Said resolution or determination
of the Planning Board shall specify the off-tract improvements which
are necessary and the terms and conditions which shall be imposed
upon the applicant to ensure the successful and reasonable implementation
of same. In its deliberation as to whether off-tract improvements
are required, the Planning Board shall be guided by the rules and
regulations specified in the Zoning Ordinance of the Borough of Andover,[1] this chapter and the Borough Master Plan. The Planning
Board may also be guided by counsel from the Planning Board Attorney,
engineer, any consultant and other qualified experts and municipal
officials relative to the subject matter.
(2)
In the event that the Planning Board determines that
one or more improvements constitute an off-tract improvement, the
Planning Board shall notify the Borough Council of same specifying
the Board's recommendation relative to the estimated cost of same,
the applicant's prorated share of the cost, and possible methods or
means to implement same, including but not limited to performance
and maintenance guaranties, cash contributions, development agreements
and other forms of surety.
(3)
The Planning Board shall not grant final approval
on the subdivision until all aspects of such conditions have been
mutually agreed by both the applicant and the Borough Council of the
Borough of Andover and a written resolution to that effect by the
Borough Council has been transmitted to the Planning Board.
C.
Methods of implementation.
(1)
Performance and maintenance guaranties. Where a performance
or maintenance guaranty or other surety is required in connection
with an off-tract improvement, the applicant shall be required to
follow the same procedures and requirements as specified in this chapter
for other improvements.
(2)
Development agreement. Where a development agreement
is required governing off-tract improvements or other conditions as
may be required by this chapter or by the Planning Board, said agreement
shall be approved as to form, sufficiency and execution by the Planning
Board Attorney and Borough Attorney. Said agreement shall specify
the amount of cash contribution, if any, the method of payment of
same, the relative timing of such payment and the obligation or obligations
to be undertaken by the Borough of Andover.
(3)
Cash contributions, when not required. Cash contributions
for off-tract improvements shall not be required under the following
conditions:
(a)
Where another county or state agency has jurisdiction
over the subject improvement and requires a cash contribution, guaranty
or other surety of the applicant in lieu of such conditions imposed
by the Borough of Andover;
(b)
Where a benefit assessment or other similar
tax levy is imposed upon the applicant for the off-site improvement
provided; or
(c)
Where the applicant, where legally permissible,
can undertake the improvements in lieu of the municipality, subject
to standards and other conditions as may be imposed by the Borough
of Andover.
(4)
Cash contributions, method of payment. Where a cash
contribution is required by this chapter, said contribution shall
be deposited with the Treasurer of the Borough of Andover with a copy
of the applicant's transmittal letter forwarded to the Borough Council,
the Borough Engineer and Planning Board. Any and all moneys received
by the Treasurer shall be deposited in an escrow account for the purpose
of undertaking the improvements specified. Where such improvements
are not undertaken or initiated for a period of 10 years, the funds
may be retained by the Borough of Andover and may be used for general
municipal purposes, but in such event, neither the applicant nor any
of his heirs, executors, administrators or grantees shall be liable
to the Borough of Andover for any assessment for the purpose of installing
any of the improvements for which said cash contribution was made.
D.
Prorata formula for determining applicant's share
of off-tract improvements. Where an off-tract improvement is required
the following criteria shall be utilized in determining the proportionate
share of such improvement to the applicant:
(1)
Street widening, alignment, corrections, channelization
of intersections, constructions of barriers, new or improved traffic
signalization, signs, curbs, sidewalks, trees, utility improvements
not covered elsewhere and the construction of new streets and other
similar street or traffic improvements: the applicant's proportionate
share shall be in the ratio of the estimated peak-hour traffic generated
by the proposed property or properties to the sum of the present deficiency
in peak-hour traffic capacity of the present facility and the estimated
peak-hour traffic generated by the proposed development. The ratio
thus calculated shall be increased by 10% for contingencies.
(2)
Water distribution facilities, including the installation
of new water mains, the extension of existing water mains, the relocation
of such facilities and the installation of other appurtenances associated
therewith: the applicant's proportionate cost shall be in the ratio
of the estimated daily use of water from the property or properties
in gallons to the sum of the deficiency in gallons per day for the
existing system or subsystem and the estimated daily use of water
for the proposed development. The ratio thus calculated shall be increased
by 10% for contingencies.
(3)
Sanitary sewage distribution facilities, including
the installation, relocation or replacement of collector and interceptor
sewers and the installation, relocation or replacement of other appurtenances
associated therewith: the applicant's proportionate cost shall be
in the ratio of the estimated daily flow in gallons to the sum of
the present deficient capacity for the existing system or subsystem
and the estimated daily flow from the proposed project or development.
In the case where the peak flow for the proposed development may occur
during the peak flow period for the existing system, the ratio shall
be the estimated peak flow rate from the proposed development in gallons
per minutes to the sum of the present peak flow deficiency in the
existing system or subsystem and the estimated peak flow rate from
the proposed development. The greater of the two ratios thus calculated
shall be increased by 10% for contingencies and shall be the ratio
used to determine the cost to the applicant.
(4)
Stormwater and drainage improvements, including installation,
relocation or replacement of transmission lines, culverts, catch basins
and the installation, relocation or replacement of other appurtenances
associated therewith: the applicant's proportionate cost shall be
in the ratio of the estimated peak surface runoff as proposed to be
delivered into the existing system measured in cubic feet per second
to the sum of the existing peak flow in cubic feet per second deficient
for the existing system and the estimated peak flow as proposed to
be delivered. The ratio thus calculated shall be increased by 10%
for contingencies. Applicant's engineer shall compute the drainage
basin area and the area of the development and the percent of the
total drainage basin area occupied by the development. Where no drainage
system exists which will receive the flow of surface water from the
applicant's development, applicant shall furnish all drainage rights-of-way
deemed to be necessary by the Planning Board.
(5)
General considerations. In calculating the proportionate
or pro rata amount of the cost of any required off-tract facilities
which shall also determine the pro rata amount of cost to be borne
by other owners of lands which will be benefited by the proposed improvements.
