A. As a condition of granting final approval of a subdivision or site plan, the approving board shall require for the purpose of assuring the installation and maintenance of on-tract improvements the furnishing of a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of installation to be determined by the Township Engineer as set forth in Subsection C of this section, for improvements it may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping. The Township Engineer shall prepare an itemized cost estimate of improvements covered by the performance guarantee which shall be appended to each performance guarantee by the obligor. No more than 10% of the cost of the performance guarantee can be required in cash.

B. As a condition precedent to the issuance of a zoning permit, the approving board shall require the furnishing of a maintenance guarantee to be posted with the governing body for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement. Cash cannot be required as any part of such maintenance guarantee by the approving board, though the developer at his option may so provide all or a portion in cash.

C. The cost of the installation of improvements for the purpose of Subsections A and B of this section shall be estimated by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the municipality. The developer may appeal the Township Engineer's estimate to the governing body. The governing body shall decide the appeal within 45 days of receipt of the appeal in writing by the Municipal Clerk. After the developer posts a guarantee with the municipality based on the cost of the installation of improvements as determined by the governing body, he may institute legal action within one 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. The approving board shall, in addition to other acceptable forms of surety, accept a performance guarantee or maintenance guarantee which is an irrevocable letter of credit if it:

(1) 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;

(2) Is issued by a banking or savings institution authorized to do and doing business in this state;

(3) Is for a period of time of at least one year; and

(4) 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 section 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.

D. 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 for such utilities or improvements.

E. The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as a 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 120% of the cost of the installation, which cost shall be determined by the Township Engineer as set forth in Subsection C of this section as of the time of the passage of the resolution.

F. 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 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, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).

G. Review and recommendations of Township Engineer.

(1) Upon substantial completion of all required street improvements (except for the top course), appurtenant utility improvements, and the connection of the same to the public system, the obligor may request of the governing body, 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 of this section. The request shall indicate which improvements have been completed and which 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 governing body, and shall simultaneously send a copy thereof to the obligor no later than 45 days after receipt of the obligor's request.

(2) 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 extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state 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 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 of this section.

H. Action of the Township Council, 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 of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee except for that portion adequately sufficient to secure provision of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to insure completion of all improvements. 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 guarantee for such improvements.

(1) If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection G of this section within 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 Council 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 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the court in a summary manner of 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 and approval of a reduction in the performance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

(2) 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 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.

I. If any portion of the required improvements is rejected, the approving board may require the obligor 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.

J. The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements, provided that the Township may require of the developer a deposit for the inspection fees in an amount, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements determined pursuant to Subsection C of this section.

K. In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38(a), the provisions of this section shall be applied by stage or section.

L. Prior to the release or reduction of any performance guarantee, the developer shall notify affected owners of property in accordance with this subsection. The developer shall cause to be published a notice of public hearing in a newspaper circulated within the Township of Old Bridge, said publication to be at least 20 days prior to the date of the proposed hearing, and shall serve a copy of the notice of the hearing by certified mail, return receipt requested, or by personal service upon all owners of land within the development and upon all owners of land which has contiguous borders to the development. The notice shall state that there will be a public hearing concerning the release or reduction of performance guarantees concerning the said development. The developer shall also send certified mail and regular mail notice to the homeowners' association. The aforesaid certified mail notification to owners of land and the homeowners' association shall be served not less than 20 days prior to the scheduled hearing. The notice shall be on a form provided by the Township Clerk. Any person noticed in accordance with this chapter shall submit his (or her) comments, in writing, to the Township Clerk, at least 12 days prior to the proposed hearing, as well as true copies of the same to the Township Engineer and applicant. As soon thereafter as is practicable, the Township Engineer shall inspect the improvements which are the subject of written public comment. Generally any person who receives actual notification of the hearing to reduce or release performance guarantees must file written public comment to be heard at the hearing. The Council President, in his sole discretion, may choose to recognize any person at the hearing, even if no written comments were submitted by said person at least 12 days prior to the hearing. The Council shall hold a public hearing as set forth in the notice and shall afford members, affected owners and the public the right to speak with regard to the final release or reduction of such performance guarantee. [Added 2-21-1995 by Ord. No. 5-95]

M. No reduction in the amount of any performance guarantee shall be granted notwithstanding the installation of improvements, unless the amount of performance guarantee held by the Township is at least 120% of the current cost of installing all remaining improvements for which the performance guarantee was originally posted. The Township Council shall hold only so much of the performance guarantee as is necessary to assure completion of the required improvements in an amount equal to 120% of the current cost calculated by the Township Engineer. [Added 2-21-1995 by Ord. No. 5-95]

N. Should the hearing be adjourned to a new date at the applicant's request, notice of such adjournment shall be given by public announcement on the hearing date and by newspaper advertisement and by regular and certified mail service to any homeowners' association. Such newspaper advertisement shall not be on less than five days' notice. At the discretion of the Township Council it may require notification by certified or regular mail of any adjournment requested by the applicant. If the Township has requested the adjournment, the Township Clerk shall cause the newspaper advertisement to be published in the official Township newspaper. [Added 2-21-1995 by Ord. No. 5-95]

A. In general.

(1) Pursuant to N.J.S.A. 40:55D-42, an applicant is required to pay, prior to the granting of final subdivision or site plan approval by the approving board, a pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor located outside the property limits of the development in an amount determined hereunder.

(2) The methodology, except for trip generating factors and facility improvement costs, contained in a document entitled "Methodology for Off-Tract Pro-Rata Analysis for the Township of Old Bridge," by Louis Berger Associates, August 1980, as revised, is hereby declared to be expressly incorporated herein and made part of this chapter. A copy of this document is available for inspection in the office of the Township Engineer.

(3) Trip generating factors and facility improvement costs are variables which require periodic adjustments as improvements are installed or as costs change and are not incorporated herein. The Township Engineer shall revise these factors and submit yearly a report to the Planning Board for its review and the approval of the governing body.

B. Drainage pro rata share.

(1) The drainage pro rata share is intended to apportion the costs of improving culverts and cleaning stream channels in relation to the degree to which a specific development causes the existing culverts and stream channels to become over utilized.

(2) For purposes of this Subsection B, "pro rata share" is defined as the sum of labor, material and engineering design costs needed to increase the capacity of particular culverts above the level needed to accommodate existing development. Labor and material cost for cleaning that portion of the stream channel within the drainage area of any one culvert is included. Pro rata share shall vary with the size and the type of the proposed development, the total amount and type of development within a particular culvert's drainage area and the number of culverts downstream of the proposed development.

(3) A particular developer's pro rata shall be calculated in accordance with the following formula:

Pro Rata Contribution = (Acres of Land Type) (Runoff Weight for Land Type)

The sum of all weighted acres for all developable undeveloped land types upstream of the first affected culvert = Cost of Improvement to First Affected Culvert (Acres of Land Type) (Runoff Weight for Land Type)

The sum of all weighted acres for all developable undeveloped land upstream of the second affected culvert = Cost of Improvement to Second Affected Culvert (Acres of Land Type) (Runoff Weight for Land Type)

The sum of all weighted acres for all developable undeveloped land types upstream of the third affected culvert = Cost of Improvement to Third Affected Culvert (Acres of Land Type) (Runoff Weight for Land Type)

The sum of all weighted acres for all developable undeveloped land types upstream of the last affected culvert = Cost of Improvements to Last Affected Culvert.

C. Transportation pro rata share.

(1) The transportation pro rata share is intended to apportion the cost of making roadway improvements, the need for which is caused by new development. The amount of contributions of a new development is determined in relation to its absolute size and the relative amount of trips produced by the development type.

(2) For purposes of this Subsection C, "pro rata share" is defined as the sum of base cost and adjusted base cost. Base cost consists of the land, labor, material and engineering design costs associated with the construction and/or installation of all traffic improvements needed to increase the capacity of the Township roadways to handle the traffic volumes which will be generated by new developments. Adjusted base cost is the product of the base cost minus the value of benefits accruing to existing property owners by virtue of the proposed traffic improvements.

(3) Pro rata share shall be calculated in accordance with the following formula:

Pro Rata Contribution = (Number of Units of Land Type) (Trip Factor for Land Type) Total trips produced by all currently vacant developable land in the district

Adjusted base cost of all traffic improvements in the district.

D. Developer's agreements.

(1) Where approval is conditioned on provision by the applicant of his pro rata share for off-tract improvements necessitated by his development, the board shall require the applicant to enter into a developer's agreement with the Township, setting forth:

(a) A detailed description of exactly which improvements the applicant shall make.

(b) A detailed description of the manner by which the applicant shall install said improvements.

(c) The timing of the construction of any improvements.

[1] The amount of and the manner for providing adequate performance guarantees to insure that the improvements will be installed.

(2) A developer's agreement, as described above, may be either negotiated between the board and the applicant at the hearing, or the board may make the entering into of such an agreement a condition of the applicant's approval, and delegate the responsibility for drafting and negotiating same to the approving board attorney.

(3) In all cases, the developer's agreement must be reviewed and approved by both the Township Engineer and the approving board attorney.

[Added 8-14-2006 by Ord. No. 39-2006]

The Township may by resolution exempt any charitable, philanthropic, fraternal or religious nonprofit organization holding a tax-exempt status under the Federal Internal Revenue Code of 1954 from the payment of any fee charged under the Township of Old Bridge Land Development Ordinance, provided the organization is seeking an application for development of property owned by the Township of Old Bridge.