The Planning Board will be available at any
regularly scheduled meeting for informal conferences with any subdivider
or owner as herein defined who desires to subdivide land. The Planning
Board may, if it desires, schedule specific meeting nights for such
informal conferences at its discretion.
Copies of the minor subdivision plat, prior
to consideration by the Planning Board and after payment of the fee,
shall be forwarded by the administrative officer to each of the following:
A. Township Engineer: one copy.
B. Zoning Officer or Assistant Zoning Officer: one copy.
[Amended 10-13-2009 by Ord. No. O-09-26]
C. Planning Board members: three copies.
E. Environmental Commission: one copy.
F. Township Forester: one copy.
[Added 3-22-2005 by Ord. No. O-05-5]
G. Such other Township, county or state officials as
directed by the reviewing board.
[Amended 12-27-2005 by Ord. No. O-05-48; 7-29-2014 by Ord. No.
O-14-9; 1-14-2020 by Ord. No. O-20-1]
A. As a condition of final subdivision approval, the Planning Board
may require that the owner, subdivider and/or developer:
(1) Submit a financial statement setting forth the assets and liabilities
of the owner, subdivider and/or developer and net worth, which statement
shall be certified by a certified public accountant or a registered
public accountant, and in the case where the owner, subdivider and/or
developer is a corporation, such financial statement shall be as of
the last annual or fiscal audit prepared in the preceding 12 months.
The statement shall contain the names and addresses of the officers
and directors and of each stockholder holding 10% or more of the capital
stock.
(2) Provide the names and locations of developments completed by the
owner, subdivider and/or developer and the names and addresses of
at least five business references.
(3) Furnish performance guarantees for the installation of improvements
pursuant to N.J.S.A. 40:55D-53a in an amount not to exceed 120% of
the cost thereof as estimated by the Township Engineer according to
law.
B. The performance guarantee shall consist of a developer's agreement;
the terms of which shall concern the general development of the tract,
plus 10% of the performance guarantee amount in cash and the remaining
90% by any of the following:
(1) A performance bond issued by a bonding or surety company authorized
to serve as a surety in the State of New Jersey, approved by the Township
Attorney as to form pursuant to N.J.S.A. 40:55D-53b; cash, a certified
check, an irrevocable standby letter of credit issued by a financial
institution whose latest rating by Sheshunoff Financial Rating Service
is a B or better, in a form approved by the Township Attorney pursuant
to N.J.S.A. 40:55D-53b, or such other security as may be approved
by the Township Committee.
(2) All guarantees posted herein shall be in addition to and not in substitution
for the developer's primary responsibility to install improvements
and complete the subdivision in accordance with all rules, regulations,
standards, specifications, and ordinances of the Township.
(3) Performance guarantees shall be for the cost of installation of those
on-tract improvements required by the approval or developer's agreement
to be dedicated to the Township or other public entity, and that have
not yet been installed, which cost shall be determined by the municipal
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," or by N.J.S.A. 46:26B-1 through
N.J.S.A. 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 as well as
privately owned perimeter buffer landscaping as required by ordinance
or imposed as a condition of approval for each section or phase of
the development (hereafter sometimes referred to as "required improvements").
(4) At the developer's option a separate performance guarantee may be
posted for the privately owned perimeter buffer landscaping.
(5) In the event that the developer seeks 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 "temporary certificate of occupancy guarantee" 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, and which are not covered
by an existing performance guarantee. The scope and amount of the
temporary certificate of occupancy shall be determined by the Township
Engineer and accepted by resolution from the governing body. At no
time shall more than one guarantee be held by the Township for the
same improvement. The temporary certificate of occupancy guarantee
shall be released by the governing body upon the issuance of a permanent
certificate of occupancy with regard to the unit, lot, building or
phase as to which the temporary certificate of occupancy guarantee
relates.
(6) In addition to the performance guarantee pursuant to Subsection
A above, the developer shall also post a safety and stabilization guarantee in favor of the Township to be available 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:
(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 Township to the developer of the Township's
intent to claim payment under the guarantee. The Township shall not
serve 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 reason other than force
majeure. The Township shall provide written notice to a developer
by certified mail or other form of delivery providing proof of receipt.
(7) The amount of the safety and stabilization guarantee for a development
with bonded improvements in the amount not exceeding $100,000 shall
be $5,000. The amount of the safety and stabilization guarantee for
a development with bonded improvements exceeding $100,000 shall be
calculated as a percentage of the bonded improvements costs of the
development or phase of development as follows:
(a)
$5,000 for the first $100,000 of bonded improvements; plus
(b)
Two and one-half percent of bonded improvements costs in excess
of $100,000 up to $1,000,000; plus
(c)
One percent of bonded improvement cost in excess of $1,000,000.
(8) At the developer's option the safety and stabilization guarantee
may be provided as a separate guarantee or as a line item in the performance
guarantee.
(9) "Performance guarantee" as used hereafter in this section may, as
appropriate to the context of use, refer to all guarantees provided
in this subsection.
C. Any and all performance guarantees posted by the developer hereunder
may be subject to recalculation annually by the Township Engineer
as to the amount thereof based on current costs of labor and materials
at 120%. Upon written notification of the new amount, the developer
shall provide the Township with a new guarantee or an addendum to
the existing guarantee showing the new amount.
D. Any cash or certified check shall be held in escrow
by the Township Treasurer and deposited or invested in the manner
prescribed by law for municipal funds; the principal amount and interest,
where required by law, to be refunded to the subdivider upon satisfactory
completion of all said improvements and upon posting maintenance guarantees
as provided for in this chapter.
E. The condition of the performance guarantee shall be
that the subdivider or owner fully complete the required improvements
on or before a certain time as fixed by the developer's agreement
which date, in no case, shall be later than three years from the day
of approval of the final plat; provided, however, that upon application
being made prior to the expiration of said initial three-year term
by the subdivider or owner with the consent of the surety, the Township
Committee may extend the term of such performance guarantee for such
additional time period as it shall deem reasonable under the circumstance.
The amount of the performance guarantee may be reduced by the Township
Committee by resolution when portions of the required improvements
have been installed. No forbearance from strictly enforcing the timely
installation of improvements shall be deemed a waiver by the Township
of the subdivider or owner's obligation hereunder.
F. When improvements are completed in stages, the amount
of the reduction in the performance guarantee for improvements installed
shall accurately reflect the pro rata cost of such improvements.
G. If the required improvements shall not have been installed
in accordance with the performance guarantee or if the subdivider
or owner shall abandon the project in such a condition that it constitutes
a hazard and a nuisance, the obligator and surety, if any, shall be
liable thereon to the Township for the reasonable cost of improvements
not installed, and upon receipt of the proceeds thereof, the Township
shall install such improvements.
H. Pursuant to N.J.S.A. 40:55D-53d, when improvements
have been completed, the obligator shall notify the Township Committee
in writing by certified mail of the completion of the aforesaid improvements
and shall send a copy thereof to the Township Engineer. The Township
Engineer shall inspect all of the aforesaid improvements and file
a report pursuant to N.J.S.A. 40:55D-53d with the Township Committee
within 45 days of the receipt of the notice from the obligator.
I. Within 45 days after receipt of the Township Engineer's
report, the Township Committee, by resolution, shall accept or reject
the improvements, grant partial approval or withhold approval as provided
in N.J.S.A. 40:55D-53e(1). Where partial approval is granted, the
obligator shall be released from all liability pursuant to its performance
bond except for that portion adequately sufficient to secure the improvements
not yet approved provided that 30% of the amount of the performance
guarantee posted may be retained to ensure completion and acceptability
of all improvements.
J. If any portion of the improvements shall not be approved
or shall be rejected by the Township Committee, the obligator shall
cause the same to be completed or corrected, and upon completion or
correction of same, the same procedure of notification as outlined
herein shall be followed.
K. Nothing herein, however, shall be construed in limitation
of the obligator's right to contest or question by legal proceedings
or otherwise any determination of the Township Committee or the Township
Engineer. The obligator shall be responsible for all the inspections
fees the Township Engineer incurred in making the foregoing inspections
as per the fee schedule and in accordance with N.J.S.A. 40:55D-53h.
L. Maintenance guarantees.
(1) Following final acceptance of an improvement, the
developer shall post a maintenance guarantee for a period of two years
in an amount not exceeding 15% of the cost of the required improvements.
The maintenance guarantee shall consist of the form of security acceptable
pursuant to N.J.S.A. 40:55D-53b. In addition, upon the inspection
and issuance of final approval of the following private site improvements
by the municipal engineer, the developer shall post with the Township,
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 according to the method
of calculation set forth in N.J.S.A. 40:55D-53.4.
(2) 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 performance or maintenance guarantee,
as the case may be, shall be required by the Township for such utilities
or improvements.
(3) Prior to the release of any performance guarantees,
the obligator shall file with the Township Engineer an as-built plan
and profiles of all utilities and roads constructed in the development,
with a certification signed and sealed by a New Jersey licensed professional
engineer as to the actual construction as approved by the Township
Engineer. Three black-and-white prints and a Mylar copy shall be filed.
The obligator shall also file with the Township Engineer the surveyor's
monument certification; signed and sealed as-built construction plans;
and, if not previously provided, deed(s) of dedication for roads,
detention basin lots, open space areas, easements or other land areas
to be dedicated to the Township all of which shall be subject to review
and approval by the Township Engineer and Township Attorney.
(4) Whenever the Township is requested to accept dedication
of properties to be maintained for detention or retention basin purposes
which will result in the Township having to expend funds in the future
for the maintenance of such properties, the Township shall, unless
otherwise determined by the Township Committee, require that the property
owner dedicating such property post with the Township funds which
will defray the estimated costs of maintenance for a ten-year period.
(5) The Township Engineer shall calculate the maintenance
cost.
(6) The estimated maintenance cost contribution for the
ten-year period shall be deposited with the Township Clerk at the
time other maintenance guarantees are posted for the project or acceptance
of the lot by the municipality, whichever shall occur first.
M. If the
property or any part of same is sold, or otherwise conveyed to a successor
developer prior to the completion and acceptance of all improvements,
an assignment of developer’s agreement, and new performance
or maintenance guarantees shall be required from the new owner or
successor developer. Upon the transfer of ownership of property that
is the subject of a construction permit, and prior to beginning or
continuing work authorized by the construction permit, the new owner
or successor developer shall file with the Building Department an
application for a permit update to notify the Building Department
of the name and address of the new owner or successor developer and
of all other changes to information previously submitted to the Building
Department. The Building Department shall not approve the application
for a permit update until it receives notification from the governing
body or its designee that the new owner or successor developer has
furnished adequate replacement performance or maintenance guarantees
and assignment of developer’s agreement.
N. Inspection fees.
(1) Inspection fees. The obligor shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements; which fees shall not exceed the sum of the amount set forth in Subsection
N(1)(a) and
(b) of this subsection. The Township may require of the developer a deposit for the inspection fees in an amount:
(a)
Not to exceed, except for extraordinary circumstances, the greater
of $500 or 5% of the cost of improvements estimated pursuant to N.J.S.A.
40:55D-53.4 of the Municipal Land Use Law; and
(b)
Not to exceed 5% of the cost of private site improvements that
are not subject to a performance guarantee under this section. For
those developments for which the reasonably anticipated 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 reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Township Engineer for inspections, the developer shall
deposit the remaining 50% of the anticipated inspection fees. For
those developments for which the reasonably anticipated 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 reasonably anticipated fees. When the
balance on deposit drops to 10% of the reasonably anticipated fees
because the amount deposited by the developer has been reduced by
the amount paid to the Township Engineer for inspection, the developer
shall make additional deposits of 25% of the reasonably anticipated
fees.
(2) If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection
N(1)(a) and
(b) is insufficient to cover the cost of additional required inspections, the municipality may require the developer to deposit additional funds in escrow provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Township 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.
[Amended 12-22-2015 by Ord. No. O-15-26]
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer
therefrom, whether conditionally or otherwise, shall not be changed
for a period of two years after the date of final approval, provided
that in the case of major subdivision the rights conferred by this
section shall expire if the plat has not been duly recorded within
the time period provided. If the developer has followed the standards
prescribed for final approval, and in the case of subdivision has
duly recorded the plat, the Planning Board may extend such period
of protection for extensions of one year but not to exceed three extensions.
Requests for extensions shall be filed at least 60 days prior to the
expiration date. Notwithstanding any other provisions of this chapter,
the granting of final approval terminates the time period of preliminary
approval for the section granted final approval.
The details of the preliminary plat shall conform with the requirements and specifications set forth in the Preliminary Major Subdivision Completeness Checklist as adopted by §
190-4B(5).
The final plat shall be drawn in ink on Mylar or tracing cloth at a scale in accordance with §
190-60 and in compliance with all the provisions of N.J.S.A. 46:23-9.1 to 46:23-9.8. The final plat to be titled "Final Plat," shall show, be accompanied by, and conform to the requirements and specifications set forth in the Final Major Subdivision Completeness Checklist as adopted by §
190-4B(6).