The Planning Board shall grant or deny an application for a conditional use within ninety-five (95) days of submission of a complete application by a developer to the Administrative Officer, or within such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use may also include subdivision and/or site plan review and all plat requirements listed in Section 16-405 through 16-411 of this Chapter. The time period for approval by the Planning Board of conditional uses shall apply to such subdivision and/or site plan review.
Whenever an application for approval of a subdivision plat, site plan, or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60 and Section 16-301.I.9. of this Chapter, the Planning Board shall grant or deny approval of the application within one hundred twenty (120) days after submission by a developer of a complete application to the Administrative Officer (Township Planner) or within such further time as may be consented to by the applicant. Application for variance, conditional uses and/or directive for issuance of a building permit shall be heard by the Board in conjunction with the hearing on a minor subdivision, minor site plan, preliminary subdivision plat, or preliminary site plan.
An applicant may claim approval of his Application for Development by reason of the failure of the Board to act within the time period prescribed by complying with the following provisions:
A. The applicant shall provide notice of the default approval to the Municipal Agency and to all those entitled to notice by personal service or certified mail of the hearing on the Application for Development; but for purposes of determining who is entitled to notice, the hearing on the Application for Development shall be deemed to have required public notice pursuant to N.J.S.A. 40:55D-12.
B. The applicant shall arrange publication of a notice of the default approval in the official newspaper of the Township, if there be one, or in a newspaper of general circulation in the Township.
C. The applicant shall file an affidavit of proof of service and publication with the Administrative Officer (Planning Board Secretary or Board of Adjustment Secretary).
Upon satisfaction of these requirements by the applicant, the Administrative Officer (Planning Board Secretary or Board of Adjustment Secretary) shall issue a certificate of default approval and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
A. Prior to the signing of a final plat, issuance of a Development Permit, and/or the commencing of any clearing, grading or installation of improvements, the developer shall have filed with the Township a performance guarantee.
1. The guarantee shall be in favor of the Township in an amount not to exceed one hundred twenty (120%) percent of the cost of installation as determined by the Township Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4, for improvements which the approving authority may deem necessary to protect adjacent property and the public interest in the event that the development is not completed. Such improvements shall include, but are not limited to, grading, pavement, surveyor's monuments as shown on the final map and required by the "Map Filing Law," N.J.S.A. 46:23-9.9 et seq., drainage facilities necessary to protect off-tract areas from flooding, erosion and sedimentation control facilities, streets, curbs, gutters, culverts, storm sewers, sanitary sewers or other means of sewage disposal, water mains, sidewalks, street lighting, shade trees, public improvements of open space, and in the case of site plans only, other on-site improvements and landscaping. The applicant shall provide preliminary estimated types and quantities of improvements to be reviewed and verified by the Township Engineer. 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.
2. Such guarantee shall assure the installation of such improvements on or before an agreed date, guarantee the completion of all improvements without damage to or interference with adjacent properties or public facilities, and hold the Township Committee and the Municipal Agency and their employees and agents harmless with respect to any acts of the developer, its agents, successors, or assigns.
3. The total cost of the installation of improvements shall be estimated by the Township Engineer based upon documented construction costs for public improvements prevailing in the general area of the Township which would prevail upon expiration of the guarantee period, and shall also include appropriate allowances for contract related costs, such as engineering, legal, financial and other usual costs, which shall be estimated to be twenty (20%) percent of the estimated contract construction costs. (The performance guarantee equals one hundred twenty (120%) percent of the cost of improvement installation). The developer may appeal the Township Engineer's estimate to the Township Committee. The Township Committee shall decide the appeal within forty-five (45) days of receipt of the appeal in writing by the Township Clerk. After the developer posts a guarantee with the Township based on the cost of the installation of improvements as determined by the Township Committee, he may institute legal action within one (1) year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guarantee.
4. Such performance guarantee may be in the form of cash, certified check, negotiable securities, a performance bond issued by a bonding company, an irrevocable letter of credit or any other type of surety acceptable to and approved by the Township Committee and in a form acceptable to the Township Attorney. Ten (10%) percent of the performance guarantee shall be in the form of cash or certified check drawn on an insured banking institution in the State of New Jersey; provided, however, that all rights to said ten (10%) percent portion, including the right to interest with dividends, shall be assigned to the Township in a form of assignment acceptable to the Township Attorney for a period of the bond and that the principal amount without interest shall be returned to the developer upon completion of the bonded improvements, or in the event of default, any interest and principal shall be used by and for the benefit of the Township in the completion of said improvements. A developer may provide, at his option, more than ten (10%) percent of the performance guarantee in cash.
B. The Township Committee shall accept a performance guarantee or maintenance guarantee which is an irrevocable letter of credit if it (a) 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 section and N.J.S.A. 40:55D-53, (b) is issued by a banking or savings institution authorized to do so and doing business in the State of New Jersey, (c) is for a period of time of at least one (1) year, and (d) 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 paragraph thirty (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.
C. 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 guarantee to another governmental agency, no performance guarantee shall be required by the municipality for such utilities or improvements. If, at the time the performance guarantee is filed with the Township, the developer has not also filed with the Township proof that any other performance guaranties have been filed and accepted by governmental bodies, authorities, public utility companies and private utility companies, other than the Township, which have jurisdiction over improvements in the site or subdivision, the amount of the performance guarantee shall be increased to reflect the cost of such improvements.
D. All performance guarantees shall run to and be in favor of the Township of Middletown in the County of Monmouth.
E. The performance guarantee shall be approved by the Township Attorney as to form, sufficiency and execution and shall be subject to the following conditions:
1. Such performance guarantee shall run for a period to be fixed by the Township Committee, but in no case for a term longer than the period of final approval (normally two (2) years) set by N.J.S.A. 40:55D-1 et seq. and/or Section 16.410.G. of this Chapter or for the installation of all or any portion of the improvements, whichever is shorter.
2. The time allowed for installation of improvements for which the performance guarantee has been provided may be extended by resolution of the Township Committee provided that, if required, the period of final approval has been extended by the Municipal Agency in accordance with N.J.S.A. 40:55D-1 et seq. and/or Section 16-410.G. and 16-411.G. of this Chapter and, provided further that:
a. Such extension shall not exceed one (1) year, and
b. There shall not be more than three (3) such extensions, and
c. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed one hundred twenty (120%) percent of the cost of the installation of all uncompleted improvements determined by the Township 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.
d. As a condition or as part of any such extension, the amount of inspection fees may be increased to cover the additional cost to the Township for the delay in completion of the improvements as determined by the Township Engineer if the balance of the original inspection fee is deemed by the Township Engineer to be insufficient. The developer shall pay the additional fee of five (5%) percent of the cost of remaining items to be inspected based on an estimate prepared by the Township Engineer. Any of these additional inspection fees remaining after the approval of one hundred (100%) percent of the improvements shall be refunded to the developer.
3. 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.
F. If, during the period of the performance guarantee, the developer fails to prosecute the work of completing the improvements so as not to create hazards to life, health, property or public safety, the Township may, after five (5) days' notice perform, or cause to be performed, any necessary corrective work and deduct the cost thereof from the ten (10%) percent cash or certified check portion of the guarantee. Upon notice of any such deduction, the developer shall, within ten (10) days, restore the full ten (10%) percent cash balance or his performance guarantee will be held to be void and the Township may take action as if final plat approval had not been obtained.
G. Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of same to the public system, the obligor may request of the Township Committee 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 Subsection A. paragraph 1. above, 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 Committee, and shall simultaneously send a copy thereof to the obligor not later than forty-five (45) days after receipt of the obligor's request. 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 extend 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 Township Engineer and appended to the performance guarantee pursuant to Subsection A. paragraph 1. above.
H. The Township Committee by resolution, shall either approve 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 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 Subsection A. paragraph 1. above. This resolution shall be adopted not later than forty-five (45) days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Committee, the obligor shall be released from all liability pursuant to its performance guarantee, 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 (30%) percent of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.
If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection F. above, within forty-five (45) days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party. If the Township Committee fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within forty-five (45) days from the receipt of the Township 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 guarantee for the approvable, complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A. paragraph 1. above; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
In the event that the obligor has made a cash deposit with the Township as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this section shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.
I. If any portion of the required improvements is rejected, the Township Committee may require the obligor to complete or correct such improvements and, upon such completion or correction, the same procedure of notification, as set forth in this section, shall be followed.
J. Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Township Committee or the Township Engineer.
K. The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements set forth in Section 16-314, of this Chapter.
L. In the event that final approval is by stages or sections of development pursuant to the Municipal Land Use Law N.J.S.A. 40:55D-38, subsection a., the provisions of this section shall be applied by such stage or section.
A. Duties of Township Engineer, Township Attorney, and Township Clerk.
No performance guarantees shall be presented for approval of the Township until the municipal officials listed below have performed the following and have made certification of their performance, in writing to the Township Committee.
a. Where applicable, examine the plat map of a subdivision to make certain that it complies with all State laws and this Chapter relative to the preparation and filing of maps or plans for the subdivision of land.
b. Determine those acts or things the applicant is to do to protect the Township, such as to provide proper drainage, streets, curbs, signs, monuments or any other item or thing and the cost of each, as well as the maximum time he recommends granting the applicant to provide each item or all items; also, advise the applicant of the amount required to pay the Township as a proper inspection, testing and administration fee.
a. Ascertain that the plat of a Site Plan or subdivision has been approved by the Monmouth County Planning Board and the Township Planning Board or Board of Adjustment.
b. Determine if the landowner is an individual, corporation, or partnership; if an individual, his full name and address, if a corporation, its correct name, date, and state of incorporation, the name of its President and Secretary and location of its principal office in this State; if a partnership, the names and addresses of all partners.
c. Give the applicant a form of the surety company bond required by the Township, and all figures, dates, and detail required by Section 16-415 above so the same may be included in the bond to be furnished to the Township.
d. Deliver to the Township Attorney.
(1) The original copy of the surety company bond of the applicant; and
(2) The Township Engineer's written certificate addressed to the Township Committee which certificate and bond shall be delivered at one and the same time.
e. The Township Engineer's certificate shall also state and give the nature of cash, or its equivalent, deposited as a portion or all of the performance guarantee (i.e., cash, certified check, cash escrow deposit, or other security).
f. If there is nothing the applicant needs to do under Section 16-415 above the certificate shall so state and give the reason therefor.
3. Township Attorney. Upon receipt from the Township Clerk of the surety bond and the Engineer's certificate, the Township Attorney shall promptly examine said bond and determine whether or not it is correct in form, content and execution. If the bond is not correct, the Township Attorney shall directly notify the applicant of its short-comings.
When the bond is or has been made correct, the Township Attorney shall make a written certificate to that effect to the Township Committee. Thereupon said Attorney shall deliver the bond and Engineer's and Attorney's certificates to the Township Clerk.
4. Township Clerk. Upon the receipt from the Township Attorney of the bond and certificates of the Engineer and Attorney, the Township Clerk shall:
a. Collect from the applicant the proper fee or fees, if any, payable to the Township in accordance with the Engineer's certificate.
b. Place the matter of approval of bond(s) on the agenda of the next regular meeting of the Township Committee for its consideration.
c. Submit the bond, certificate and fees to the Township Committee at the next regular meeting of said Committee.
B. Certificates - Form, Dating. Each of said certificates shall be dated and written in letter form upon the stationery of the maker or of the Township and signed by him or his authorized agent or representative.
C. Bond Requirements. There must be attached to said bond an authority of the surety company empowering the person or persons who executed said bond for the surety company to do so. If the bonding company is not a New Jersey corporation, there should also be attached to the bond proof of its authority to do business in New Jersey and a copy of its last financial statement, made not more than one (1) year before, showing its financial condition. If the principal on the bond is a corporation, there must be attached to the bond a certified copy of a resolution adopted by its Board of Directors authorizing the execution and delivery of said bond. Said bond must also bear the corporate seal of the surety company and the seal, corporate or otherwise, of the principal.
D. Copies. The Township Clerk and Administrative Officer (Township Planner) shall keep a supply of copies of these bond requirements in his office for the use of applicants and the general public.
A. General Requirements. Where the Municipal Agency determines that off-tract improvements are necessary for the proper development and utilizing of the proposed site or subdivision and the surrounding area, it may require either (1) that such off-tract improvements be installed or (2) that the developer contribute to the installation of such off-tract improvements. Where the Municipal Agency has determined that off-tract improvements are required, it shall be a condition of the granting of final approval that such improvements be constructed or that the developer shall make payments toward the ultimate installation of off-tract improvements such as, but not limited to, streets, curbs and gutters, sidewalks, water mains, sanitary sewers, storm sewers and culverts, monuments and street lights, all in accordance with the specifications governing on-tract improvements.
B. Cost Allocation. If the Municipal Agency determines that the developer may contribute toward required off-tract improvements in lieu of such improvements being installed, the Municipal Agency shall allocate the cost of same off-tract improvements in accordance with the standards hereinafter set forth. The improvement of a stream and/or widening of, or the construction of drainage or other improvements in, a street or road fronting, on the tract to be subdivided and/or developed shall not constitute an off-tract improvement and the cost of said improvement shall not be allocated.
1. The allocation of the cost of off-tract improvements shall be determined in accordance with the following:
a. The Municipal Agency may consider the total cost of the off-tract improvements, the benefits conferred upon the site or subdivision, the needs created by the site or subdivision, population and land use projects for the general areas of the site or subdivision and other areas to be served by the off-tract improvements, the estimated times of construction of off-tract improvements and the condition of periods of usefulness, which periods may be based upon the criteria of The Local Bond Law N.J.S.A. 40A:2-22. The Municipal Agency may further consider the criteria set forth below.
b. Road, curb, gutter, and sidewalk improvements may be based upon the anticipated increase of traffic generated by the site or subdivision. In determining such traffic increase, the Municipal Agency may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area, and other factors related to the need created by the site or subdivision and anticipated thereto.
c. Drainage facilities may be based upon the percentage relationship between the site or subdivision acreage and the acreage of the total drainage basins involved or upon calculations developing the percentage contribution that the storm runoff from a particular site or subdivision bears to the total design capacity of any improvement; the particular methods to be selected in each instance by the Township Engineer.
d. Water supply and distribution facilities and sewage facilities shall be based upon a proportion as determined by the current rules and regulations or procedures of the Middletown Township Public Utilities Department.
2. All monies received by the Township in accordance with the provisions of this section shall be paid to the Township Treasurer who shall provide for a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purposes unless such improvements are not initiated for a period of five (5) years from the date of payment, after which time said funds shall be transferred to the capital improvement fund of the Municipality.
3. The apportionment of costs shall be determined by the Municipal Agency. The developer shall be afforded an opportunity before said Board to present evidence relative thereto.
C. Assessment Not Precluded.
Nothing in this section of the Chapter shall preclude the Municipality from assessing any property benefiting from installation of any off-tract improvements as provided in this section pursuant to the provisions of the Revised Statutes of New Jersey, an allowance being made to the respective parcels of realty for payments herein.
Before any developer effectively assigns any of his interest in any preliminary or final approval, he must notify the Administrative Officer and supply detailed information with regard to the name, address, principals, type of organization, competency, experience, and past performance of the assignee, transferee, or agent. Notice of such assignments or transfer shall be given no later than ten (10) days after its effective date.
The assignee must be made acquainted with all the conditions of approval and developer shall so certify.
A. No contractor, builder, developer or subcontractor shall engage any personnel in any of the work on constructing any improvements unless they are continually supervised by a competent supervisor acceptable to the Township Engineer.
B. No less than five (5) days prior to commencing construction of any improvements on the site, the developer or his agent shall provide the Township Engineer with the names, addresses, phone numbers and emergency phone numbers of the subdivider and/or a representative empowered to act for the developer and/or each contractor and their supervisor in charge of the construction, setting forth the aspect of construction for which each is responsible.
C. The developer may retain throughout the course of construction a registered New Jersey Professional Engineer to supervise the implementation of the approved subdivision or site design and to make periodic reports to the Township as well as to the developer regarding conformance of the construction with the requirements of final approval.
D. If the developer proposes to retain someone other than the engineer who prepared the final plat to supervise construction, he shall notify the Township Engineer and the Administrative Officer (Township Planner) of the name, address and license number of the engineer retained. If at any time during the course of construction, the developer elects or is required to replace the responsible engineer and/or employ additional engineers, he shall likewise notify the Township Engineer and the Administrative Officer.
E. The supervising engineer shall immediately notify the Township Engineer of any deviation (observed or proposed) from the requirements of final approval and/or this Chapter.
F. At regular intervals during the course of construction, but not less often than at monthly intervals, the supervising engineer shall submit to the Township Engineer a report listing his observations of the work undertaken during the reporting period, specifically noting any deviation from the requirements of final approval and/or this Chapter and listing those improvements expected to be undertaken during the next reporting period. The developer shall accompany any request for acceptance of public improvements and/or release of performance guarantees with a certification by the responsible engineer attesting to the completion of the improvements in full conformance with the requirements of final approval and this Chapter and/or specifically noting any deviation therefrom.
A. Inspection, Testing and Engineering Administration Fees. Prior to signing of any final plat, issuance of a Development Permit or the start of construction of any improvements required by the provisions of this Chapter, the developer shall deposit with the Township Clerk the appropriate amount determined from Section 16-314, Fees. Said testing, engineering, administration, and other costs, and fees paid by the Township in connection with the inspection and acceptance of the installation of the required improvements. All monies received on account of engineering and inspection fees shall be deposited by the Township Treasurer in an appropriate account. The Township shall arrange for the Township Engineer, the appropriate municipal officials or other qualified persons to provide all necessary administrative and engineering services.
B. Inspection Notice. All required improvements except those utility improvements which are not the responsibility of the Township shall be subject to inspection and approval by the Township Engineer, who shall be notified by the developer at least five (5) days prior to the initial start of construction and again twenty-four (24) hours prior to the resumption of work after any idle period exceeding one (1) working day. All of the utility improvements shall be subject to inspection and approval by the owner of or agency controlling the utility who shall be notified by the developer in accordance with the utilities' requirements. No underground installation shall be covered until it is inspected and approved by the owner of or agency controlling the utility or by the Township Engineer in all other cases. With respect to landscaping, inspection and approval notification shall be given by the developer to the Shade Tree Inspector pursuant to Section 16-621.E.8.
C. Modification of Improvements. Any time, whether as a result of his inspection of work underway or otherwise, the Township Engineer may recommend that the developer be required to modify the design and extent of the improvements required, notifying the Municipal Agency of his recommendations. The Municipal Agency shall, if it considers such modifications to be major, or if requested by the developer or Township Engineer, take formal action to approve or disapprove such recommendations; provided, however, that it must first afford the developer an opportunity to be heard. If the Agency takes no formal action within thirty (30) days of such recommendations, or where the developer has not requested formal Municipal Agency action, its approval will be assumed. Similarly, the Municipal Agency may grant or deny the developer permission to effect such modification upon his application and the Township Engineer's approval. In either event, where such modification is to be effected, the appropriate plat must be revised by the developer or his engineer to reflect such modification and sufficient copies thereof submitted to the Administrative Officer (Township Planner) for distribution.
D. General Inspection Requirements. All improvements, except as otherwise provided, shall be subject to inspection and approval by the Township Engineer. No underground installation shall be covered until inspection and approved by the Township Engineer or those agencies having jurisdiction over the particular installation. If such installation is covered prior to inspection, it shall be uncovered or other inspection means used, such as a television or other pipeline camera as may be deemed necessary by the Township Engineer, and charges for such work will be paid for by the developer.
E. Inspection Not Acceptance. Inspection of any work by the Township Engineer, or his authorized representative, shall not be considered to be final approval or rejection of the work, but shall only be considered to be a determination of whether or not the specific work involved was being done to Township specifications or other required standards at the time of inspection. Any damage to such work or other unforeseen circumstances such as the effect of the weather, other construction, changing conditions, settlement, etc. between the time of installation and the time that the developer wishes to be released from his performance guaranty, shall be the full responsibility of the developer, and no work shall be considered accepted until release of the performance guaranty.
F. Payment to Contractors. No developer shall enter into any contract requiring the Township Committee, the Township Engineer, or any of their agents, employees or other representatives to make any declaration, written or otherwise, as a condition of payment of said developer to a contractor as to the acceptance or rejection of the work.
Neither the Township Committee, Township Engineer, nor any of their agents, employees, or representatives shall make any such declaration.
G. Procedure on Acceptance of Public Improvements. When the developer has constructed and installed the streets, drainage facilities, curbs, sidewalks, street signs, monuments and other improvements in accordance with Township regulations, standards and specifications, and desires the Township to accept the said improvements, he shall, in writing, addressed to and in a form approved by the Township Committee, with copies thereof to the Township Engineer, request the Township Engineer to make a semi-final inspection of the said improvements. If the improvements have been constructed under a performance guaranty after approval of a final plat, the developer shall submit an as-built plan showing as-built grades, profiles and sections and locations of all subsurface utilities such as French drains, combination drains, sanitary sewage disposal systems, both public and individual water lines, and control valves, gas lines, telephone conduits, monuments, iron property markers, and any other utility or improvements installed other than as shown on the approved final plat. Said as-built plan shall be certified to by a licensed New Jersey professional engineer. If any improvements are constructed prior to final plat approval, the final plat shall reflect all changes and as-built conditions and be so certified. Said as-built plan shall be certified to by a licensed New Jersey professional engineer. If any improvements are constructed prior to final plat approval, the final plat shall reflect all changes and as-built conditions and be so certified. Said as-built plan(s) shall be submitted on reproducible media.
A. It shall be the responsibility of the developer to maintain the entire site or subdivision in a safe and orderly condition during construction. Necessary steps shall be taken by the developer to protect occupants of the site or subdivision and the general public from hazardous and unsightly conditions during the entire construction period. These steps shall include, but are not limited to the following:
1. Open excavations shall be enclosed by fencing or barricades during non-construction hours. Moveable barricades shall be equipped with yellow flashing hazard markers or other lighting during the hours of darkness.
2. The excavation of previously installed sidewalk and pavement areas which provide access to occupied buildings in the site or subdivision shall be clearly marked with signs and barricades. Alternate safe access shall be provided for pedestrians and vehicles to the occupied buildings.
3. Materials stored on the site shall be screened from the view of occupants of the subdivision or site and adjoining street and properties.
4. Construction equipment, materials, and trucks shall not be stored within one hundred fifty (150') feet of occupied buildings in the site or subdivision and adjoining streets and properties during nonconstruction hours.
5. Safe vehicular and pedestrian access to occupied buildings in the site or subdivision shall be provided at all times.
6. Construction activities which create obnoxious and unnecessary dust, fumes, odors, smoke, vibrations, or glare noticeable in occupied buildings in the subdivision or site and adjoining properties and streets shall not be permitted.
7. Construction activities which will result in damage to trees and landscaping in occupied buildings in the site or subdivision or adjoining properties shall not be permitted. Trees and shrubs to be retained shall be protected at the dripline with erection of protected snow fencing.
8. All locations and activities in the site or subdivision which present potential hazards shall be marked with signs indicating the potential hazard.
9. Unsightly construction debris, including scrap materials, cartons, boxes and wrappings must be removed daily at the end of each working day.
10. Whenever construction activities take place within or adjacent to any traveled way, or, interfere with existing traffic patterns in any manner, suitable warning signs, conforming to the requirements of the Uniform Manual on Traffic Control Devices, will be erected and maintained by the developer.
B. Should the developer fail in his obligation to maintain the site or subdivision in a safe and orderly condition, the Township may, on five (5) days written notice or immediately in the case of hazard to life, health or property, undertake whatever work may be necessary to return the site or subdivision to a safe and orderly condition and deduct the cost thereof from the ten (10%) percent cash or certified check portion of the performance guaranty. Upon notice of such deduction, the developer shall, within ten (10) days, restore the full ten (10%) percent cash balance or his performance guaranty will be held to be void and the Township may take action as if final plat approval had not been obtained.
C. The Construction Official shall, upon receiving notice from the Township Engineer that a developer is in violation of this section, suspend further issuance of Certificates of Occupancy and building permits and may order cessation of work on any outstanding permits.
