Aberdeen Township City Zoning Code
§ 25-9.2
Guarantees and Inspections.
[Ord. No. 10-1987; Ord. No. 10-1989; Ord. No. 35-2005 § II]
a.
Requirements Specific to Subdivisions.
1.
No final major subdivision application (whether for an entire tract or a section thereof) shall be approved by the Board until the satisfactory completion and performance of all required public improvements has been certified to the Board by the Township Engineer unless the owner shall have performed the following:
(a)
Satisfactorily completed all required utility installations and their appurtenances, including water mains, drainage and detention facilities, culverts, storm sewers, sanitary sewers or dry sewers and public improvements of open space;
(b)
Satisfactorily completed all required grading and the "macadam base course" surfacing of all streets;
(c)
Satisfactorily completed the construction of all required curbs; and,
(d)
Filed with the Township a performance guarantee in accordance with subsection 25-9.2c of this chapter, sufficient in amount to cover the cost of all remaining required improvements, as estimated by the Township Engineer, and assuring the installation of said improvements on or before an agreed date and as hereinafter provided.
2.
Except as hereafter provided, the remaining required improvements shall be at least fifty (50%) percent completed as to each category set forth in the performance guarantee within one (1) year from the date of final approval or by such time as fifty (50%) percent of the lots in the section in question have been conveyed, in any manner, by the applicant; whichever shall first occur. At least seventy-five (75%) percent of the remaining required improvements shall be completed as to each category as set forth in the performance guarantee within eighteen (18) months from the date of final approval, or at such time as seventy-five (75%) percent of the lots in the section in question have been conveyed, in any manner, by the applicant; whichever shall first occur. Such improvements shall be one hundred (100%) percent completed and accepted by the Township within two (2) years from the date of final approval or at such time as all of the lots in the section in question have been conveyed in any manner by the applicant, whichever shall first occur. It is the intention of the Township Council that this requirement will provide to those living in each new section of a subdivision a lot that is as complete as possible with respect to tract and individual lot improvements.
b.
Requirements Specific to Site Plans. No final major site plan application (whether for an entire tract or a section thereof) shall be approved by the Board unless: 1) the Township Engineer has certified to the Board that all required public improvements by the preliminary site plan approval have been satisfactorily completed or, 2) the applicant has entered into a developer's agreement with the Township in a form satisfactory to the Township Attorney and authorized by the governing body requiring the installation and maintenance by the applicant (and the applicant's successors in interest) of the public improvements, imposing such limitations upon, and/or staging of, the development of the site as are necessary to ensure orderly construction of the public improvements, and assuring the installation of the public improvements on or before an agreed date by the filing of a performance guarantee in accordance with subsection 25-9.2c of this chapter.
For purposes of this chapter section, the term "public improvements" shall mean streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation devices, open space and landscaping.
c.
Performance Guarantee.
1.
A performance guarantee estimate shall be prepared by the applicant's engineer according to the following schedule and submitted to the Township Engineer for review and approval, setting forth all requirements for improvements, as fixed by the Board, and their estimated cost. The Township Council shall pass a resolution either approving or adjusting this performance guarantee.
(a)
Schedule A. Ninety (90%) percent of the total estimated cost of the following items shall be posted with the Township in the form of cash, certified check, negotiable security or bond issued by a bonding or security company. In addition ten (10%) percent of the total estimated cost shall be in the form of cash or certified check or cash escrow deposit.
(b)
Schedule B. Fifteen (15%) percent of the total estimated cost of the following on-site improvement items shall be posted by the Township in the form of cash, certified check, negotiable securities or bonds issued by a bonding or security company. Where the guarantee is in the form of a certified check, the required amount shall be reduced to ten (10%) percent of the total estimated amount.
(1)
Sewer and water facilities (if not provided for separately).
(2)
Drainage facilities.
(3)
Streets.
(4)
Traffic control signs and signals.
(5)
Sidewalks.
(6)
Curbing.
(7)
Landscaping.
(8)
Screening.
(9)
Recreational facilities.
(10)
Off-street parking areas.
(11)
Off-street loading and loading area.
(12)
Outdoor lighting.
(13)
Retaining walls and fences.
If at this time the performance guarantee is filed with the Township, the developer has not filed with the Township proof that other necessary performance guarantees, (particularly private utility services) have been filed, the amount of this performance guarantee shall be increased to reflect the cost of such utility improvements.
2.
The owner shall present two (2) copies of the performance guarantee, in an amount equal to one hundred twenty (120%) percent of the approved performance guarantee estimate when secured by a bond or in an amount equal to one hundred (100%) percent of the approved performance guarantee when secured by cash or irrevocable letter of credit, for approval as to form and execution by the Township Attorney.
3.
The Township Attorney shall notify the Secretary of the Board prior to the meeting that the performance guarantee is properly executed and can be added to the Agenda.
4.
The performance guarantee shall be made payable and deposited to Aberdeen Township and shall be in the form of cash, or certified check, or a performance bond in which the owner shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey. The Township shall issue its receipt for such deposits and shall cause the same to be deposited in the name of the Township to be retained as security for completion of all requirements and to be returned to the owner on completion of all required work or, in the event of default on part of the owner, to be used by the Township 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 a determination by the Township Engineer that the principal has defaulted in the performance of his obligation shall be binding upon the surety and the principal.
5.
Ten (10%) percent of the amount of the approved performance guarantee shall be deposited by the owner in cash with the Township. The remaining ninety (90%) percent may be in cash or surety bond. In the event of default, the ten (10%) percent fund herein mentioned shall be first applied to the completion of the requirements and the cash or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash or surety bond shall recite the foregoing provisions.
d.
Inspection and Tests.
1.
All site improvements and utility installations for both site plans and subdivisions shall be inspected during the time of their installation under the supervision of the Township Engineer to insure satisfactory completion. The cost of said inspection shall be the responsibility of the owner who shall pay to the Township Treasurer a sum in cash equal to the following:
Total Cost of Improvements | Escrow Deposit |
|---|---|
$0—$200,000 | 10% of amount—minimum fee $1,000 |
$200,000—$1,000,000 | $20,000 plus 7% of amount in excess of $200,000 |
$1,000,000—$5,000,000 | $76,000 plus 5% of amount in excess of $1,000,000 |
More than $5,000,000 | $276,000 plus 4% of amount in excess of $5,000,000 |
If the Municipal Agency determines that a proposed development involves unusual or complicated aspects which could result in expenses to the Township in excess of the inspection fees set forth above, the Municipal Agency may, as a condition of, or of any extension of or amendment to, final approval, require the developer to provide an additional escrow deposit. Expenses in excess of the normal inspection fees may be deducted from the escrow deposit. Any balance shall be returned to the applicant upon release of performance guarantees and/or issuance of a final Certificate of Occupancy. In determining the amount of any escrow required, the Municipal Agency may consider: the duration and size of the project; unusual design aspects; the degree and extent of municipal inspection required and the extent of conformity to normal municipal design standards. |
2.
In no case shall any paving work be done without permission from the Township Engineer. At least two (2) working days notice shall be given to the Township Engineer prior to any construction so that he or a qualified representative may be present at the time the work is to be done.
3.
Streets shall not be paved with a wearing course until all heavy construction is completed. Shade trees shall not be planted until all grading and earth moving is completed. The seeding of grass and the placing of surveyor's monuments shall be among the last operations.
4.
The Township Engineer's office shall be notified at least two (2) days prior to each of the following phases of work so that he or a qualified representative may inspect the work:
(a)
Road subgrade.
(b)
Curb and gutter forms.
(c)
Curbs and gutters.
(d)
Road and parking lot paving.
(e)
Sidewalk forms.
(f)
Sidewalks.
(g)
Drainage pipes and other drainage or flood control construction.
(h)
Street name signs.
(i)
Monuments.
(j)
Sanitary sewers and septic system.
(k)
Detention and/or retention basins.
(l)
Topsoil, seeding and plantings, including buffer areas.
(m)
Underground utilities.
5.
Any improvement installed contrary to the plan or plat approval by the Township shall constitute just cause to void the municipal approval.
6.
Any improvement installed without notice for inspection pursuant to subsection 25-9.2d4 hereinabove shall constitute just cause for:
(a)
Removal of the uninspected improvement;
(b)
The payment by the developer of any costs for material testing;
(c)
The restoration by the developer of any improvements disturbed during any material testing; and/or
(d)
The issuance of a "stop work" order by the Township Engineer pending the resolution of any dispute.
7.
Prior to notifying the governing body of the completion or substantial completion of any improvements covered by the performance guarantee, the subdivider or developer shall prepare and submit to the Township Engineer a set of the approved Public Improvements and Public Sewer and Water Plans and Profiles amended to read "as constructed."
8.
Inspection by the Township of the installation of improvements and utilities shall not operate to subject the Township of Aberdeen to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractor, if any.
9.
Upon the completion or substantial completion of all required appurtenant utility improvements, and the connection of same to the public system, the obligor may notify the Township Council in writing, by certified mail in care of the Township Clerk, of the completion or substantial completion of the improvements and shall simultaneously send a certified copy thereof to the Township Engineer. Within ten (10) working days of receipt of the notice, the Township Engineer shall inspect all the improvements of which such notice has been given and file a detailed report, in writing, with the Township Council, indicating either approval, partial approval or rejection of such improvements with a statement of the reasons for any rejection. The costs of the improvements as approved or rejected shall be set forth.
10.
In the event that final approval of a development has been granted in stages or sections, and hence, the construction of the required improvements is to be undertaken in stages or sections, bonding and inspection of improvements shall also be in stages or sections.
e.
Release. The Township Council shall approve, partially approve or reject the improvements, on the basis of the report from the Township Engineer, and shall notify the obligor, in writing, by certified mail, of the Engineer's report and the action of the Township Council, not later than sixty-five (65) days after the receipt of the notice of the obligor of the completion or substantial completion of the improvements. Failure of the Township Council to send or provide such notification to the obligor within the sixty-five (65) days shall be deemed to constitute approval of the improvements and the obligor and the surety, if any, shall be released from all liability pursuant to the performance guarantee for such improvements.
1.
Where partial approval is granted, the obligor shall be released from all liability pursuant to the performance guarantee for such improvements, except for that portion adequately sufficient to secure provision of the improvements not yet approved; provided that thirty (30%) percent of the performance guarantee posted may be retained to ensure the completion of all improvements and that said thirty (30%) percent may be applied against all improvements, regardless of when completed.
2.
If any portion of the required improvements is rejected, the obligor shall complete such improvements and, upon completion, shall notify the Township Council as specified in subsection 25-9.2d9 of this chapter and the same procedures shall be followed as in the first instance.
3.
If any improvements have not been installed in accordance with the performance guarantee, the subdivider or developer and surety shall be liable thereon to the Township for the reasonable cost over and above the ten (10%) percent cash deposit on the improvements not installed and, upon receipt of the proceeds thereof, the Township shall install such improvements. The Township shall also have all other remedies as may be lawfully available.
4.
Bonds, if any, shall be released first; cash shall be released last.
f.
Conditions and Acceptance of Improvements. The approval of any application for development by the Township shall in no way be construed as acceptance of any street or drainage system, or other improvement, nor shall approval obligate the Township in any way to exercise jurisdiction over such street or drainage system or other improvement. No improvements shall be accepted by the Township Council unless and until all of the following conditions have been met:
1.
The Township Engineer shall have certified in writing that the improvements are completed and that they comply with the requirements of this Ordinance;
2.
The final application for development shall have been approved by the Board;
3.
The owner shall have filed with the Township Council a maintenance guarantee in an amount equal to and not more than fifteen (15%) percent of the cost of installing the improvements. The maintenance guarantee shall run for a period of two (2) 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 chapter. The requirements for a maintenance guarantee may be waived by the Township Council only if the Township Engineer has certified that the improvements have been in continuous use for not less than two (2) years from the date the Township Engineer certified completion of such improvements and that during this period the owner has maintained the improvements in a satisfactory manner; and,
4.
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, provided, however, that it is the policy of the Township that no such extension shall be approved unless circumstances have prevented the developer from completing the improvements within the time allowed. As a condition or as part of any such extension, the amount of the original performance guarantee shall be increased or reduced, as the case may be, to one hundred twenty (120%) percent of the estimated cost of the installation as certified by the Township Engineer at the time of passage of the resolution extending the time.