Montgomery City Zoning Code
§ 16-9.2
Guarantees, Start of Construction Pursuant to an Approved Plan, and Inspections.
[Ord. #85-482, S 902; Ord. #88-584, SV B-F; Ord. #89-637, S 2; Ord. #90-667, S 1; Ord. #90-673, S 1; Ord. #93-795, S2; Ord. #01-1028, S 1; amended 3-5-2020 by Ord. No. 20-1631]
a.
Public Improvements. For the purposes of this subsection, the term "public improvements" shall include streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space and any grading necessitated by the preceding improvements, which improvements are to be dedicated to the Township.
b.
Requirements Specific to Subdivisions.
1.
No final major subdivision plat or recording of a minor subdivision deed shall be recorded unless a) the Township Engineer has certified to the Board that all public improvements required by the preliminary subdivision approval have been satisfactorily completed, or b) the developer 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 developer and its successors in interest of the public improvements, imposing such limitations, and/or staging of, the development of the subdivision 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 16-9.2d2 below.
2.
No construction permit shall be issued for any building within the subdivision until the developer has completed the following public improvements in accordance with the approved subdivision plans and construction plans required by Subsection 16-9.2e4 below:
(a)
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)
All required grading and the macadam base course surfacing of all streets; and
(c)
Construction of all required curbs.
3.
No certificate of occupancy shall be issued for any dwelling within the subdivision until the driveway apron, sidewalk, trees and grass for that particular dwelling have been installed and/or planted and approved by the Township Engineer. Upon recommendation of the Township Engineer to the Construction Official, and satisfaction of the requirements of Subsection 16-9.2d2(c) below, a temporary certificate of occupancy not to exceed six months in duration may be issued if seasonal conditions would make planting unreasonable.
4.
Such public improvements shall be 100% complete and subject to acceptance by the Township within two years of the date of final approval, or any extension thereof, or prior to the time request is made for the last building permit in the section, whichever shall first occur.
5.
It is the intention of the Township Committee that the foregoing requirements shall: a) 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, and b) protect the interests of the general public and residents of the development in the total completion of the development.
6.
In the case of subdivision having final approval by stages or sections, the requirements of this subsection shall be applied by stage or section.
c.
Requirements Specific to Site Plans. No final major site plan application (whether for an entire tract or a section thereof) shall be unconditionally approved by the Board unless: 1) the Township Engineer has certified to the Board that all public improvements required by the preliminary site plan approval have been satisfactorily completed; or 2) the developer 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 installation and maintenance by the developer and its 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 performance guarantee(s) in accordance with Subsection 16-9.2d2 below.
d.
Guarantees Required; Surety; Release. Before filing of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the Township or approving Board shall, for the purposes of assuring the installation and maintenance of certain on- and off-tract improvements, require the developer to furnish a performance guarantee(s) and provide for a maintenance guarantee in accordance with the terms of this section.
1.
Generally.
(a)
Performance guarantees as used in this section shall mean a performance guarantee required by Subsections 16-9.2d2(a) and (b) below, a temporary certificate of occupancy guarantee required by Subsection 16-9.2d2(c) below, and a safety and stabilization guarantee as required by Subsection 16-9.2d2(d) below. A "maintenance guarantee" as used in this section shall mean a maintenance guarantee required by Subsection 16-9.2d2(e) below.
(b)
All performance and maintenance guarantee estimates shall be prepared by the Township Engineer as required by Subsection 16-9.2d2 below. Any adjustment in the amount of a performance or maintenance guarantee shall be approved by resolution of the Township Committee.
(c)
The developer shall present two copies of the performance or maintenance guarantee(s) required by Subsection 16-9.2d2 and below to the Township Clerk for the review and approval of the Township Attorney as to form and execution.
(d)
All performance and maintenance guarantees shall be made payable and deposited to Montgomery Township and shall be in the form of cash, irrevocable letter of credit, certified check or a surety.
(1)
Irrevocable letters of credit shall comply with the "Uniform Customs and Practices for Documentary Credits" (1984 Revision), International Chamber of Commerce, Publication No. 400, and shall be issued or confirmed by a New Jersey banking institution. The form of an irrevocable letter of credit shall be substantially similar to the form letter or credit furnished the developer by the Township Clerk, and as approved by resolution of the Township Committee.
(2)
In the case of surety bonds, the developer shall be the principal and the bond shall be provided by a surety company operating pursuant to a valid certificate of authority issued pursuant to N.J.S.A. 17:17-1 et seq. Proof of such valid certificate of authority shall be furnished to the Township when the surety bond is submitted. The form of a surety bond shall be identical to the form letter of bond furnished the developer by the Township Clerk, and as approved by resolution of the Township Committee.
(3)
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 applicant on completion of all required work or, in the event of default on part of the developer, to be used by the Township to pay the cost and expense of obtaining completion of all requirements.
(e)
At least 10% of the amount of the approved performance guarantee(s) shall be deposited by the developer in cash with the Township. The remaining 90% may be in cash, irrevocable letter of credit or surety bond. In the event of default, the 10% cash may be first applied to the completion of the requirements and any bidding and legal costs associated therewith, and the remaining 90% cash, letter of credit or surety bond may thereafter be restored to, if necessary, for the completion of the requirements and any additional bidding and legal costs associated therewith.
2.
Performance Guarantees for Certain Improvements, Landscaping, Temporary Certificates of Occupancy and Safety/Stabilization; Maintenance Guarantees.
(a)
Performance Guarantee. The developer shall furnish a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the Township Engineer, according to the method of calculation set forth in N.J.S.A. 40:55D-53.4, for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street 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.), repealed by Section 2 of P.L. 2011, c.217, or N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. The Township Engineer shall prepare an itemized cost estimate of the improvements to be covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the developer.
(b)
Performance Guarantee - Perimeter Buffering. The performance guarantee may also be required to include, at the discretion of the Township or approving board, a guarantee for the installation of privately owned perimeter buffer landscaping within an improved phase or section of a development as a condition of approval. At the developer's option, a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping.
(c)
Temporary Certificate of Occupancy Guarantee. In the event that a developer shall seek a temporary certificate of occupancy for a development, unit, lot, building or phase of a development, then as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to as a "temporary certificate of occupancy guarantee," in favor of the Township in an amount equal to 120% of the cost of the terms of the temporary certificate of occupancy and which must be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee.
(1)
Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to Subsection 16-9.2d2(a) above, which relate to the development, unit, lot building or phase of development for which the temporary certificate of occupancy is sought, shall be released.
(2)
The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Township Engineer, zoning officer, or other municipal official designated by ordinance.
(3)
The Township shall not, at any time, hold more than one guarantee or bond of any type with respect to the same line item.
(4)
The temporary certificate of occupancy guarantee shall be released by the Township Engineer, zoning officer, or other municipal official designated by ordinance upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building or phase as to which the temporary certificate of occupancy relates.
(d)
Safety and Stabilization Guarantee. A developer shall furnish to the Township a safety and stabilization guarantee in favor of the Township. At the developer's option, a safety and stabilization guarantee may be furnished either as a separate guarantee or as a line item of the performance guarantee. A safety and stabilization guarantee shall be available to the Township solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition.
(1)
The Township shall be permitted to access the guarantee when:
(i)
Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure; and
(ii)
Work has not resumed within 30 days following the provision of written notice by the Township to the developer of the Township's intent to claim payment under the guarantee. The Township shall not provide notice of its intent to claim payment under a safety and stabilization guarantee until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The Township shall provide written notice to a developer by certificated mail or other form of delivery providing evidence of receipt.
(2)
Pursuant to N.J.S.A. 40:55D-53a(1)(d), the amounts to be posted in connection with a safety and stabilization guarantee shall be as follows:
(i)
For a development with bonded improvements in an amount not exceeding $100,000, shall be $5,000.
(ii)
For a development with bonded improvements exceeding $100,000, shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows:
(iii)
The Township shall release a separate safety and stabilization guarantee to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required under this subsection.
(iv)
The Township shall release a safety and stabilization guarantee upon the Township Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.
(e)
Maintenance Guarantees.
(1)
Prior to the release of a performance guarantee required pursuant to Subsection 16-9.2.d.2(a), (b), or both (a) and (b) above, the developer shall post with the Township a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
(2)
If required, the developer shall post with the Township, upon the inspection and issuance of final approval of the following private site improvements by the Township Engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
(3)
The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.
3.
Improvements Owned By Other Entities. 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 by the Township for such utilities or improvements.
4.
Extensions of Time for Installation of Bonded Improvements. The time allowed for installation of the bonded improvements for which the performance guarantee has been provided may be extended by the governing body of the Township by resolution. As a condition or as 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 according to the method of calculations set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4) as of the time of the passage of the resolution.
5.
Recourse by Township. If the required bonded improvements are not completed or corrected in accordance with the performance guarantee, the developer 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 the 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.).
e.
Start of Construction. Construction pursuant to a site plan or subdivision approval shall not commence until:
1.
The developer has paid all fees required by this chapter;
2.
The developer has received all other governmental permitted approvals required by the Board's resolution of memorialization granting subdivision or site plan approval;
3.
The developer has satisfied all conditions of approval required by the Board's resolution of memorialization granting subdivision and/or site plan approval and all changes required by the Board to the developer's subdivision and/or site plans have been filed with and approved by the Township Engineer;
4.
The developer's construction plans have been filed with and approved by the Township Engineer;
5.
The developer has had a preconstruction meeting with the Township Engineer for the purpose of forecasting and resolving problems that may arise during the course of construction;
f.
Developer Request for List of Uncompleted or Unsatisfactory Bonded Improvements; Reduction/Release of Guarantee(s).
1.
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 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 16-9.2d2 above, a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the developer shall send a copy of the request to the Township Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the developer. Thereupon the Township Engineer shall inspect all bonded improvements covered by developer'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 developer not later than 45 days after receipt of the developer's request.
2.
The list prepared by the Township Engineer shall state, in detail, as to each bonded 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 bonded improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each bonded 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 bonded improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection 16-9.2d2 above.
3.
The Township Committee, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the municipal engineer, or reject any or all of these bonded 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 16-9.2d2 above. 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 developer shall be released from all liability pursuant to its performance guarantee with respect to those approved bonded 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 total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The "safety and stabilization guarantee" shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction. For the purpose of releasing the developer from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvements shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection 16-9.2d2 above, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Township may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a "temporary certificate of occupancy guarantee" has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Township below 30%.
4.
If the Township Engineer fails to send or provide the list and report as requested by the developer pursuant to Subsection 16-9.2e above within 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 application to the court, including reasonable attorney's fees, may be awarded to the prevailing party. If the Township Committee fails to approve or reject the bonded 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 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 Township Engineer and appended to the performance guarantee pursuant to Subsection 16-9.2d2 above; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
5.
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, provided that if the developer has furnished a safety and stabilization guarantee, the Township may retain cash equal to the amount of the remaining safety and stabilization guarantee.
6.
If any portion of the required bonded 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.
7.
Irrevocable letters of credit and bonds, if any, shall be released first; cash shall be released last.
g.
Inspections.
1.
Inspections Required.
(a)
All site improvements and utility installations for site plans, subdivisions, plot plans and other real property improvements shall be inspected during the time of their installation under the supervision of the Township Engineer and/or other officials of professionals serving the Township in order to insure satisfactory completion.
(b)
In the instance where the Board, as a condition of major subdivision and/or major site plan approval, requires that the inspection of plantings and lawns be conducted by a designated landscape architect, the inspections for such plantings and lawn area shall be performed by a landscape architect.
(c)
In its determination that a landscape architect is advisable to inspect the plantings and lawn area, the Board shall consider the quantity of plantings proposed, the quality and uniqueness of the proposed plantings, the amount of existing vegetation to be preserved, and the environmental conditions of the land which could have a detrimental effect upon the health and vitality of the plantings (e.g., soil, depth to bedrock, height of water table, and surface water drainage conditions).
2.
Inspection Fees/Escrows.
(a)
The developer shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the foregoing section of improvements; which fees shall not exceed the sum of the amounts set forth in the following Subsections g2(a)(1) and (2) of this subsection. The Township may require the developer to post the inspection fees into escrow in an amount:
(1)
Not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance gurantee under Subsection 16-9.2d2(a), Subsection 16-9.2d2(b), or both Subsection 16-9.2d2(a) and (b) above; and
(2)
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under Subsection 16-9.2d2(a) above, which cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
(b)
For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50% of the inspection fee. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees.
(c)
For those developments for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection 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 25% of the inspection fees.
(d)
If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection 16-9.2d2(a) and (b) above, is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow provided that the Township delivers to the developer a written section escrow deposit request signed by the Township Engineer, which: 1) informs the developer of the need for additional inspections, 2) details the items or undertakings that require inspection, 3) estimates the time required for those inspections, and 4) estimates the cost of performing those inspections.
(1)
Failure of the developer to deposit the additional funds in escrow may subject the developer to a stop-work order and/or suspension of construction permits.
3.
Prior Notification Required. Developer shall notify the Township Engineer's office at least two days prior to the commencement of the following phases of work so that the Township Engineer or designated qualified representative may inspect the work:
(a)
Road subgrade.
(b)
Curb and gutter forms.
(c)
Curbs and gutters.
(d)
Road paving.
(e)
Sidewalk forms.
(f)
Sidewalks.
(g)
Drainage pipes and other drainage construction.
(h)
Street name signs.
(i)
Monuments.
(j)
Sanitary sewers.
(k)
Detention and/or retention basins.
(l)
Underground utilities.
(m)
Seeding and planting.
4.
In no case shall any paving work be done without the prior written approval and authorization of the Township Engineer.
5.
Landscape Architect Review and Approval. Where the approving Board, as a condition of major subdivision and/or major site plan approval, requires that the inspection of plantings and lawns be conducted by a designated landscape architect, the landscape architect shall witness and approve landscaping in a designated area or on a typical lot within a development as deemed appropriate and necessary and/or as directed by the Township Engineer.
(a)
Upon receipt of notice of work required by Subsection 16-9.2g3 above, the Township Engineer shall notify the landscape architect regarding the developer's intent to proceed with any seeding and planning.
(b)
A follow-up inspection when the entire site or phase of development is completed shall be conducted in order to confirm compliance for either a phase of development or the entire project.
(c)
Plantings shall be checked for compliance with approved plans; i.e., correct quantity, size, species and location. Any change or modifications to the approved plans must be reviewed and approved by the landscape architect designated by the Board.
(d)
Lawns shall be inspected for adequate coverage of healthy, vigorously growing grass which is relatively free of weeds and void of bare spots larger than one square foot in area. Bare spots greater than one square foot in area shall be reseeded or re-sodded and re-inspected until acceptable coverage is achieved.
(e)
Upon completion of the landscaping, the landscape architect shall check for compliance with the landscape plans approved by the Board. A punch list of outstanding or unsatisfactory items shall be compiled with copies given to the developer and the Township Engineer, and a final sign-off shall be given after necessary remedial work. Upon successful completion of all landscape work, a written recommendation shall be forwarded by the landscape architect to the Township Engineer to be included in the inspection report to the Township Committee before the release of performance guarantees.
6.
Any improvement installed contrary to the plan or plat approval by the Township shall constitute just cause to void the municipal approval.
7.
Any improvement installed without compliance with Subsections 16-9.2e and 16-9.2g3 above 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.
8.
Inspection by the Township of the installation of improvements and utilities shall not operate to subject the Township of Montgomery 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.
Final Approval in Stages. 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.
10.
Acceptance of Improvements. To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the Township Committee shall be deemed, upon the release of any performance guarantee required pursuant to Subsection 16-9.2d2 above, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Township Engineer.
(a)
Prior to such acceptance, the developer shall also provide an affidavit stating that there are no liens or other legal encumbrances on any of the improvements or utilities proposed to be dedicated to the Township.
(b)
Notwithstanding anything to the contrary within, nothing shall prohibit the Township from formally accepting such improvements via ordinance in accordance with N.J.S.A. 40A:12-5 et seq.
(c)
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 any other improvement, nor shall such approval obligate the Township in any way to exercise jurisdiction over such street or drainage system or other improvement.
(d)
No improvement shall be accepted by the Township Committee 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 chapter;
(2)
The owner shall have filed with the Township Committee a maintenance guarantee in accordance with Subsection 16-9.2d2(e) above. 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 owner has maintained the improvements in a satisfactory manner; and
(3)
An as-built plan and profiles of all utilities and roads (three black-and-white prints plus a mylar copy to be sent to the Township Engineer), with certification signed and sealed by a New Jersey licensed professional engineer as to actual construction as approved by the Township Engineer, shall be provided.
11.
Successor Developers/Owners. If the property or any part of same is sold or otherwise conveyed to a successor developer prior to the completion and acceptance of all improvements, an Assignment of Developer's Agreement, and new performance, maintenance or other guarantees shall be required from the new owner or successor developer. Upon the transfer of ownership of property that is the subject of a construction permit, and prior to the beginning or continuing work authorized by the construction permit, the new owner or successor developer shall file with the Construction Code Office an application for a permit update to notify the Construction Code Office of the name and address of the new owner or successor developer and of all other changes to information previously submitted to the Township. The Construction Code Office shall not approve the application for a permit update until it receives notification from the Township Committee or its designee that the new owner or successor developer has furnished adequate replacement performance, maintenance or other guarantees and the Assignment of Developer's Agreement.
h.
Extension of Time. The time allowed for installation of the improvements for which the performance guarantee has been provided may, but need not, be extended by the Township Committee by resolution, provided that the current municipal cost of installation of such improvements shall first be redetermined by the Township Engineer and if such current municipal cost is found to be greater than the cost as originally determined, the applicant shall be required to increase the amount of its performance guarantee to an amount equal to 120% of the cost of installation as redetermined, as a condition of any such extension. In the event that the redetermined cost shall be less than the cost as originally determined, and in further event that the developer's performance guarantee exceeds 120% of such redetermined costs, the developer shall be entitled to a reduction of its performance guarantee to an amount equal to 120% of such redetermined costs.