[Added 11-18-1992 by Ord. No. 51-1992; amended 2-24-1993 by Ord. No. 8-1993]

The following requirements apply to all applications made under Subdivisions a, b, c and d of N.J.S.A. 40:55D-70 and applications for conditional use and planning variances and are applicable regardless of which board the application is made to.

Code is submitted.

[Added 7-14-1993 by Ord. No. 30-1993]

All improvements (except electric, gas, water and sewer lines) shall be installed under the supervision and inspection of the Township Engineer, the cost thereof to be borne by the developer. Said reasonable cost of inspection shall be estimated in advance by the Township Engineer, and such amount, in the form of cash or certified check, shall be deposited with the Township Treasurer before commencement of any construction. The Treasurer shall establish an escrow account to pay for Township engineering inspection fees. The reasonable cost for inspection shall be paid to the Engineer as work progresses. If said deposit shall be insufficient, any additional reasonable inspection cost shall be paid by the developer before the improvement is accepted by the Township of Egg Harbor. Any balance from the deposit after inspection costs have been deducted therefrom shall be refunded to the developer by resolution of the Township Committee.

A. No construction work shall commence without the Township Engineer being properly notified. Such notice shall be given at least 48 hours before the commencement of work. Failure of the developer, his contractor or his agent to provide such notice will be just cause for the suspension of the work being performed. A developer, contractor or agent who shall violate the provisions of this section of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be liable to fine of not more than $100 in each instance. Each and every day that such violation continues shall be deemed a separate and distinct violation. [Amended 10-10-1979 by Ord. No. 28-1979]

B. The New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, with any amendments thereto or revisions thereof presently existing, including the New Jersey Department of Transportation Standard Construction Details, or to be made in the future, shall govern all construction of improvements required herein. Failure of the developer, his contractor or agents to conform to said specifications will be just cause for the suspension of the work being performed.

A. Prior to granting approval of the final plat for a site plan or subdivision, the developer shall have installed or shall have furnished performance guaranties as provided for in N.J.S.A. 40:55D-53 for the ultimate installation of the improvements hereinbefore required.

B. No final plat shall be approved by the Planning Board until the completion of all such required improvements have been certified to the Planning Board by the Township Engineer, unless the subdivision owner shall have filed with the Township of Egg Harbor a performance guaranty sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof as estimated by the Township Engineer, insuring the installation of such uncompleted improvements on or before an agreed date. Such performance bond or surety company bond shall be reviewed and subject to the approval of the Planning Board Attorney.

C. When all of the required improvements have been completed, the obligator shall notify the governing body in writing, by certified mail, addressed in care of the Municipal Clerk of the completion of said improvements and shall send a copy thereof to the Municipal Engineer. Thereupon, the Municipal Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.

D. The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Municipal Engineer and shall notify the obligator in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guaranty.

E. If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements, and, upon completion, the same procedure of notification as set forth in this section shall be followed.

F. Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Municipal Engineer.

G. The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements.

H. When the developer files the performance guaranty for the completion of the improvements in portions or sections of the subdivision, upon completion and approval of the portion or section, the developer shall be required to file a maintenance bond sufficient in amount to guarantee that the completed section will be maintained by the developer until completion of improvements in the remaining portions or sections of the subdivision, and for a stated period of time thereafter not to exceed two years from the date of completion of all improvements. The Township Engineer shall determine the amount of the maintenance bond, and it shall be approved by the Township Attorney as to form, sufficiency and execution and approved by the Mayor.

I. A performance guaranty shall run for a period to be fixed by the Planning Board at the time of approval of a final plat, but in no case for a term of more than two years. However, with the consent of the owner and the surety, if there is one, the governing body may, by resolution, extend the term of such performance guaranty for an additional period not to exceed three years. The amount of the performance guaranty may be reduced by the governing body by resolution when portions of the required improvements have been installed.

J. Performance guaranties shall be submitted in favor of the Township of Egg Harbor in an amount not to exceed 120% of the cost of installation for the improvements it may deem necessary or appropriate. Ten percent of the total performance guaranty shall be in cash deposited with the Township Clerk and the remaining 110% in a form acceptable to the Township Solicitor. [Added 4-10-1996 by Ord. No. 4-1996 1

K. If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the Township of Egg Harbor for the reasonable cost of the improvements not installed and, upon the receipt of the proceeds of the performance guaranty, the Township of Egg Harbor shall install such improvements.

L. It shall be expressly understood that, notwithstanding the posting of any performance guaranties for a lot in a major subdivision, no certificate of occupancy shall be issued until the developer or subdivider shall have installed the road subbase, road base, curbs, gutters and first course paving as specified in Chapter 94, Design, Performance and Improvement Standards, and until the underground utilities such as sewer, water, gas, storm drainage lines, electric, telephone and cable television and all other underground work shall have been duly and properly installed. No occupancy permit shall be issued until the subdivider shall have entered into an agreement with the Township to permit municipal forces to enter upon the streets of the subdivision prior to final acceptance of said streets for the purpose of rendering such municipal services such as fire and police protection, snow removal, trash collection and any other service as may be deemed necessary for the health, safety and welfare of the residents. No occupancy certificates shall be granted for the final two dwellings until the finished road surface has been installed pursuant to Township specifications and until all other improvements and conditions as may be required by the Planning Board, the Building Subcode Official and the Plumbing Official have been properly installed. Certification that all requirements are met must be provided in writing by the Township Engineer or other designated administrative officer prior to the issuance of such certificate of occupancy. [Added 4-10-1996 by Ord. No. 4-1996]

A. If, before final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board is required to act, such person shall be subject to a fine not to exceed $1,000 or to imprisonment for not more than 90 days or by a period of community service not exceeding 90 days, or both such fine and imprisonment, and each parcel, plot or lot so disposed of shall be deemed a separate violation. [Amended 4-12-2006 by Ord. No. 20-2006]

B. In addition to the foregoing, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet requirements for a building permit under Section 3 of the Official Map and Building Permit Act (1953), the municipality may institute and maintain a civil action:

(1) For injunctive relief.

(2) To set aside and invalidate any conveyance made pursuant to such contract for sale if a certificate of compliance has not been issued in accordance with this chapter and applicable state law.

C. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that demands, in the possession of the subdivider or his assigns or successors, to secure the return of any deposit made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years if unrecorded.

These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township of Egg Harbor. Any action taken by the Planning Board and the governing body under the terms of this chapter shall give primary consideration to the abovementioned matters and to the welfare of the entire community. However, if the subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impractical or will exact undue hardship, the Planning Board may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.

Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive of those imposing the higher standards shall govern.

A. The regulations, limitations and restrictions of this chapter may be amended, changed, modified or repealed by the governing body in accordance with Chapter 291 of the Laws of New Jersey, 1975.

B.Notices of such hearing shall be in accordance with Chapter 291, Laws of New Jersey, 1975. No amendment or change shall become effective unless the ordinance containing such amendment shall first have been submitted to the Planning Board for review. The Planning Board shall have a reasonable time, not less than 30 days, for consideration and report. In the case of an unfavorable report by the Planning

Board, such amendment or change shall not become effective except by a favorable vote of 2/3 of the full authorized membership of the governing body.