A. The performance guarantee shall be the approved performance guarantee estimate and as surety a performance bond in which the applicant shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey, an irrevocable letter of credit drawn on a banking or savings and loan institution located in and licensed to do business in the State of New Jersey or such other form of security as may be approved by the Township Attorney, or cash, or a certified check shall be deposited with the Township of Neptune by payment to the Township Treasurer. The performance guarantee in favor of the Township shall be in an amount not to exceed 120% of the cost of the installation and improvements. The Township Treasurer shall issue its receipt for such cash deposits and shall cause the same to be deposited in a bank named by the Township for this purpose to be retained as security for completion of all requirements and to be returned to the developer on completion of all required work and expiration of the period of maintenance guarantee or, in the event of default on the part of the subdivider, to be used by the Township of Neptune to pay the cost and expense of obtaining completion of all requirements. Every bond, whether cash or surety, shall contain a clause to the effect that the obligation shall remain in fun force and effect until such time as certification is received from the Municipal Engineer that the principal has met and complied with all specifications and requirements for which said cash or surety bond has been posted.
B. Ten (10) percent of the amount of the approved performance guarantee estimates shall be deposited with the Township by the applicant in cash. The remaining ninety (90) percent may be in cash, surety bond or other securities or guaranties approved by the Township Attorney. In the event of default, the ten-percent fund herein mentioned shall be first applied to the completion of the requirements and the cash or the surety shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash or surety may recite the foregoing provisions. The Municipal Engineer's determination that the principal has defaulted in Ms obligation shall be binding and conclusive upon the principal.
C. Irrevocable letters of credit shall include, but not be limited to, the following provisions:
1. 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 N.J.S.A. 40:55D-53 and Section 1003-B Determination of Performance Guarantee Estimate.
2. Is for a period of time of at least two (2) years; and
3.Permits the Township to draw upon the letter of credit if the developer fails to furnish another letter of credit which complies with the provisions of this subsection 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.
A. All improvements and utility installations shall be inspected during the time of their installation under the supervision of the Municipal Engineer to ensure satisfactory completion. The cost of said inspection shall be the responsibility of the applicant, and he shall deposit with the Township Treasurer for placement in a trust fund account a sum equal to five (5%) percent of the amount of the cost of installation improvements estimate of the cost of public improvements to be built in the subdivision or site development to be applied to the payment of inspection costs. If inspection costs exceed such fund, the developer shall deposit with the Township Treasurer additional sums upon notice from the Municipal Engineer. The inspection fee shall in no case be less than $500.00. The Township Treasurer shall return any balance of the inspection deposit to the developer upon expiration of the maintenance bond, together with the paid invoices for all expenses charged.
B. In no case shall any paving work be done without permission from the Municipal Engineer's office. At least two (2) days notice shall be given to the Municipal Engineer's office prior to any such construction so that he or a qualified representative may be present at the time the work is to be done.
C. The Municipal Engineer's office shall be notified after each of the following phases of the work has been completed so that he or a qualified representative may inspect the:
1. Soil disturbance activities;
2. Road subgrade;
3. Curb and gutter forms;
4. Curbs and gutters;
5. Road paving;
6. Sidewalk forms;
7. Sidewalks;
8. Drainage pipes and other drainage structures before backfilling;
9. Street name signs;
10. Survey monuments; and
11. Street trees; and in the case of site plan inspection
12. Parking lots;
13. Lighting;
14. Landscaping; and
15.Signage.
D. A final inspection of all improvements and utilities will be done by the Municipal Engineer within ten (10) days of notification by the developer to determine whether the work is satisfactory and in agreement with the approved final plat drawings and the Township specifications. The general condition of the site shall also be considered. Upon a satisfactory final inspection report, action will be taken to release or declare in default the performance guarantee covering such improvements and utilities.
E. Inspection by the Township of the installation of improvements and utilities by the applicant shall not subject the Township to liability for claims, suits or any other liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter; it is recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the applicant and his contractors, if any.
F. Improvements installed without notice for inspection shall constitute a valid cause for any of the following actions:
1. The issuance of a stop work order;
2. The removal of any improvements not so inspected;
3. The payment by the developer of any costs of materials testing by the municipal for the improvements not so inspected;
4. The restoration of the site from disturbance caused by the materials testing process.
G. Improvements installed contrary to the approved plat shall be a rebuttable presumptive that such approval is null and void.
H. The hourly rate for inspections by the Municipal Engineer shall be in accordance with the hourly rate as established by the prevailing contract with the Township of Neptune. The hourly rate for inspections by the Township's Engineering Department shall be as follows:
1. Director of Engineering and Planning - $131.00
2. Engineering Technician - $ 84.00
3. Assistant Engineer - $ 56.00
**Webmasters Note: The previous subsection, H., has been added as per Ordinance No. 14-02.
A. 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 developer may request of the Township Committee in writing, by certified mail addressed in care of the Township Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to §#1002 Guarantee Required, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the developer shall send a copy of the request to the Municipal Engineer. As-built plans, pursuant to §1010-B As Built Required, shall be submitted prior to the request for a reduction in the guarantee. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the developer. Thereupon the Municipal Engineer shall inspect all improvements covered by the developer'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 developer not later than 45 days after receipt of the developer's request.
B. The list prepared by the Municipal 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 Municipal 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 §1002 Guarantee Required.
C. The Township Committee, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Municipal 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 Municipal Engineer and appended to the performance guarantee pursuant to §1002 Guarantee Required. This resolution shall be adopted not later than forty-five (45) days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the Township Committee, the developer 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 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.
D. If the Municipal Engineer fails to send or provide the list and report as requested by the developer pursuant to §1007 A Reduction of Guarantee within forty-five (45) days from receipt of the request, the developer may apply to the court in a summary manner for an order compelling the Municipal 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.
E. If the Township Committee fails to approve or reject the improvements determined by the Municipal 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 Municipal Engineer's list and report, the developer 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 Municipal Engineer and appended to the performance guarantee pursuant to (§1002 Guarantee Required Section A); and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
F. In the event that the developer has made a cash deposit with the Township or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.
G. If any portion of the required improvements is rejected, the approving authority may require the developer 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.
H. Nothing herein, however, shall be construed to limit the right of the developer to contest by legal proceedings any determination of the Township Committee or the Municipal Engineer.
I. The developer shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements; provided that the Township of Neptune may require of the developer a deposit for a portion of the reasonably anticipated fees to be paid for such inspection. The initial deposit made by a developer shall not exceed twenty-five (25) percent of the reasonably anticipated inspection fees unless the developer offers to pay an additional deposit amount. The developer shall be required to maintain the deposit at not less than ten (10) percent of the balance of the anticipated inspection fees as that balance is adjusted from time to time by the amount paid to the Township Engineer for inspection. For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be fifty (50) percent of the reasonably anticipated fees. When the balance on deposit drops to ten (10) percent 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 deposit the remaining fifty (50) percent of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be twenty-five (25) percent of the reasonably anticipated fees. When the balance on deposit drops ten (10) percent 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 twenty-five (25) percent of the reasonably anticipated fees. The Township Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
J. In the event that final approval is by stages or sections of development pursuant to N.J.S.A 40:55D-38, the provisions of this section shall be applied by stage or section.
The approval of any plat under this Article by the approving Board or Township Committee, or both, shall in no way be construed as acceptance of any street or drainage system or any other improvement required by this Ordinance, nor shall such plat approval obligate the Township in any way to maintain or exercise jurisdiction over such street or drainage system or other improvement. No improvement shall be accepted by the Township Committee unless and until all of the following conditions have been met.
A. The Municipal Engineer shall have certified in writing that the improvements are complete and that they comply with the requirements of this Ordinance.
B. The final plat shall have been approved by the Board.
1. After final acceptance of all improvements, the developer shall have filed with the Township Committee a maintenance guarantee in an amount equal to not more than fifteen (15) percent of the original estimate of the cost of installing the improvements and shall run for a period not exceeding two years. The procedures and requirements governing such maintenance guarantee shall be identical with the procedures and requirements for a performance guarantee set forth in this Article. The requirements for a maintenance guarantee may be waived by the Township Committee only if the Township Engineer has certified that the improvements have been in continuous use for not less than two years from the date the Township Engineer certified completion of such improvements and that during this period the developer has maintained the improvements in a satisfactory manner.
2. In the event that any other Township or governmental agencies or public utilities automatically win own the utilities to be installed, or the improvements are covered by a performance or maintenance guarantee to another municipal or governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.
D. Acceptance of publicly dedicated streets. A publicly dedicated street shall be deemed accepted by the municipality when the governing body grants full release of the performance guarantee and acceptance of the maintenance guarantee.
E. Acceptance of street lighting on publicly dedicated streets. The Township shall accept responsibility for the costs of street lighting on publicly dedicated streets within thirty (30) days upon written notice when the following conditions have been fulfilled by the developer:
1. The street lights have been connected to a public utility;
2. The street lights have been installed and accepted for service by the public utility; and
3.Certificates of occupancy have been issued for at least fifty (50) percent of the dwelling units and fifty (50) percent of the floor area of the non-residential uses by section or phase of development.
Compliance by the municipality with the provisions of this subsection shall not be deemed to constitute acceptance of the street by the Township.
A. Occupancy permits for any buildings will be issued only when the installation of any curbs, sidewalk, aprons, all utilities, all functioning water supply and sewage treatment facilities, all necessary storm drainage to ensure proper drainage of the lot and surrounding land, rough grading of lots, final course for the driveway and base course for the streets, topsoil and seed for the lot, shade/street trees, unless formally waived by the Municipal Engineer, are installed to serve the lot and structure for which the permit is requested. Applicant shall submit copies of approved tree removal and soil removal permits (if applicable).
B. Streets, if installed prior to final approval, shall not be paved until all heavy construction is complete.
**Webmasters Note: The previous section has been amended as per Ordinance No. 07-11.
A. Two signed and sealed copies of individual plot plans shall be submitted to the Municipal Engineer to accompany any permit application for new residential or commercial construction and for any residential or commercial building addition. The individual plot plan shall be utilized to review the project for adequate drainage and grading and compliance to all applicable Township standards.
B. The Municipal Engineer will review the submitted documents and either disapprove or approve the submitted plot plan. The applicant will be notified if any revisions are required.
C. The Construction Official shall not issue a building permit until the Municipal Engineer approves the proposed individual plot plan.
D. Each individual plot plan shall be drawn to scale of not less than one inch equaling 50 feet, signed and sealed in accordance with N.J.A.C. 13:40-7.3 by a professional licensed to practice in the State of New Jersey, and shall be no smaller than 8 1/2 inches by 14 inches.
E. Individual plot plans shall include the following information:
F. Plot plans of Planning Board approved projects shall match approved subdivision/site plans.
G. If a basement is proposed, a subsurface soil investigation certified by a licensed engineer shall be submitted with the plot plan.
H. The applicant shall submit a foundation survey prior to an inspection of the foundation for approval and backfilling. This survey shall include the location of the foundation and the actual floor elevations. If the as-built survey establishes locations or elevations different from those submitted in the plot plan, changes in the proposed grading shall be noted. A revised grading plan shall be submitted to the Engineering and Planning Department.
I. The applicant shall submit three copies of a final as-built survey for new residential or commercial construction and residential or commercial building additions signed and sealed by a professional engineer or land surveyor licensed in the state of New Jersey prior to requesting a final certificate of occupancy (CO) inspection from the Municipal Engineer. For major subdivisions and site plans a minimum of two (2) inter-visible bench marks shall be set in New Jersey State Plane Coordinate System (NAD '83) and shown on the as-built survey.
J. The as-built plan shall address constructed conditions and/or location of:
K. Exemption from the requirements of this section for a residential building addition requires the approval of the Municipal Engineer, said exemption to be contingent upon:
**Webmasters Note: The previous section has been amended as per Ordinance No. 07-11.
