Margate City City Zoning Code
ARTICLE VI
Performance Guarantees and Improvement Costs
§ 175-38 Performance guarantees.
A.
Performance guaranties shall be posted prior to the granting of final developmental approval.
B.
Performance guaranties shall be submitted in the form of 20% cash deposited with the City Clerk and 80% in a form acceptable to the City Solicitor. The amount of guaranty shall be 120% of the approved estimate of the cost of improvements. They may be usable at any point by the City for the nonperformance of the subdivider. Such guaranties shall run for a term of 18 months, subject to extension by the Board of Commissioners for an additional period of 18 months.
C.
If required improvements have not been installed in accordance with required standards and specifications of the City within the time limit or extension, the obligor and surety shall be liable thereon to the City for all reasonable costs of improvements not installed, and, upon receipt of the proceeds thereof, the City shall install such improvements.
D.
Prior to acceptance of a performance bond by the Board of Commissioners, the Board shall receive the following:
(1)
A letter from the City Engineer stating that the proposed bond covers all items required.
(2)
A list of the items covered and their cost.
(3)
A letter of approval from the City Solicitor as to bond form.
(4)
A letter from the City Engineer and Planning Board stating that the plans meet all specifications.
E.
Following acceptance of a performance guaranty by the Board of Commissioners, a letter so stating shall be sent to the Planning Board prior to signing of final plats for the development.
F.
Prior to release of a performance guaranty in full or part, in accordance with New Jersey law, the Board of Commissioners shall receive the following:
(1)
A recommendation from the Planning Board.
(2)
As-built plans of all utilities and roads approved by the City Engineer.
(3)
A statement from the developer or subdivider that there are no liens or other legal encumbrances on any of the improvements or utilities to be deeded.
(4)
Deeds, free and clear from all encumbrances, for all streets, public easements, drainage easements or other dedicated lands.
(5)
An acceptable maintenance guaranty.
§ 175-39 Maintenance bond.
All improvements required by the Planning Board shall, prior to the release of performance guaranties, be covered by a maintenance bond running in favor of the City in the amount of 15% of the estimated cost of improvements, as determined by the City Engineer. Said bond shall run for a period of two years following acceptance by the City and shall provide for proper repair and/or replacement during this period. In the event that all improvements have been completed prior to granting of final approval by the Planning Board, the maintenance bond shall be posted before final plat approval. Maintenance bonds will be approved as to form by the City Solicitor.
§ 175-40 Acceptance of improvements.
A.
The Board of Commissioners shall not accept any roadway or other improvement until the maintenance bond has been posted and all deficiencies corrected or repaired. The City may, however, agree to perform limited services, if requested in writing by the subdivision developer and if held harmless for any damages resulting from such action.
B.
A deed for any roadway or improvement shall be submitted to the Board of Commissioners prior to being recorded, after the twenty-four-month period and upon certification from the City Engineer that no further maintenance is required. The deed will be approved by the City Solicitor and recorded at the expense of the subdivider.
§ 175-41 Off-site improvements.
A.
Any subdivision requiring off-site improvements, as defined below, shall comply with the provisions of this section.
B.
Definition. An off-site improvement shall be one or more required improvement(s) necessary for successful completion of a development in the interest of furthering public health, safety and general welfare and located outside the bounds of the owner's or subdivider's property. Off-site improvements shall be required where:
C.
The proportionate contribution of any such off-site improvement to the owner or subdivider shall be reasonably related to the relative benefit or use of the total area served in line with the following formulas:
(1)
For street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere, the construction of new streets and other similar street or traffic improvements, the owner's or subdivider's proportionate cost shall be the ratio of the estimated peak-hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak-hour traffic capacity of the present facility and the estimated peak-hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
(2)
For water distribution facilities, including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith, the owner's or subdivider's proportionate cost shall be the ratio of the estimated daily use of water from the property or properties, in gallons, to the sum of the deficiency, in gallons per day, for the existing system or subsystem and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
(3)
For sanitary sewage distribution facilities, including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the owner's or subdivider's proportionate cost shall be the ratio of the estimated daily flow, in gallons, to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak flow from the proposed development may occur during the peak-flow period for the existing system, the ratio shall be the estimated peak-flow rate from the proposed development, in gallons per minute, to the sum of the present peak-flow deficiency in the existing system or subsystem and the estimated peak-flow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the owner or subdivider.
(4)
Drainage facility improvements shall be based upon the percentage relationship between the subdivision acreage and the total acreage of the drainage basins imparted upon, plus 10% for contingencies.
(5)
Other facilities or services shall be determined by the Planning Board with advice from the City Engineer by the use of equitable formulas.
D.
Planning Board determination of required off-site improvements shall be guided by the articles in this chapter dealing with zoning districting and such professional advice as it may deem necessary for the specific project. Once it has determined that one or more off-tract improvements are necessary, the Planning Board shall notify the Board of Commissioners, via resolution, of its findings and shall provide an estimate of cost, a suggested prorated share for the development in question and the suggested means of payment. The Planning Board shall not take final action on a preliminary subdivision until all aspects of such agreements have been mutually agreed to by the developer or subdivider and the Board of Commissioners has been advised, in writing, by the Planning Board.
E.
Implementation. Where a performance or maintenance guaranty is required in connection with an off-site improvement, the procedures outlined in this article shall be followed. Cash contributions, where required by agreement, shall be deposited with the City Clerk, who shall place them in an escrow account for the purposes outlined. If improvements are not completed within 10 years, the funds shall be returned to the subdivider or developer under terms outlined by the City Solicitor. Cash contributions shall not be required where county or state agencies have jurisdiction over a subject improvement and where those units require a guaranty that would represent a duplication.