Palmyra City Zoning Code
ARTICLE VI
Performance and Maintenance Guarantees
§ 158-38 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The Borough of Palmyra Planning Board.
The Borough of Palmyra.
§ 158-39 Performance and maintenance guarantees.
A.
The provisions of N.J.S.A. 40:55D-53, Guarantees required; surety; release, are hereby adopted in entirety.
B.
Requirements for application to release any guarantees or portions thereof.
(1)
Before releasing any guarantees or portions thereof, the following items shall be submitted to the governing body.
(a)
An as-built plan and profiles of all utilities and roads with a certification as to the actual construction, the same to be approved by the Borough Engineer. One copy of each shall be sent to the Clerk and the Borough Public Works Department and a Mylar or similar copy to the Borough Engineer.
(b)
A statement or affidavit from the developer that there are no liens or other legal encumbrances on any of the improvements or utilities proposed to be deeded to the Borough.
(c)
A statement from the Borough Engineer that all utilities and improvements required by the Planning Board have been installed and completed in accordance with applicable Borough ordinances.
(d)
A maintenance bond as provided herein.
(e)
Deeds, free and clear of all encumbrances, for all streets, public easements, drainage and conservation easements, on the lands dedicated to public use and any improvements to be dedicated or deeded to the Borough or other public agency.
(f)
A certification from the applicant's engineer that improvements relating to water supply, sanitary sewers, stormwater management, soil erosion and sediment control have been constructed, installed and are operating in accordance with approved plans.
C.
The provisions of N.J.S.A. 40:55D-53.1, Disposition of required deposits, are hereby adopted in entirety.
D.
The provisions of N.J.S.A. 40:55D-53.2, Payments to professionals serving municipality; deposits toward expenses, are hereby adopted in entirety.
E.
The provisions of N.J.S.A. 40:55D-53.3, Limits on cash requirements for performance and maintenance guarantees, are hereby adopted in entirety.
F.
The provisions of N.J.S.A. 40:55D-53.4, Estimate of cost for installation of improvements; appeal, are hereby adopted in entirety.
§ 158-40 Completion and acceptance of improvements.
A.
Building permits. A building permit shall not be issued until all on-site improvements have been installed, except for the finish course of the road and monuments and trees, provided that the Borough Engineer warrants that it is in the Borough's interest to delay completion of the road, monuments and trees until after the subdivider has completed construction of dwellings and structures. The maintenance guarantee required hereafter shall not begin until the finish course of road, monuments and trees have been installed.
B.
Certificates of occupancy. No certificate of occupancy shall be issued unless all inspection and other fees due to the Borough have been paid and an approved water meter has been installed where applicable. In addition, no certificate of occupancy shall be issued unless all other improvements required by this section have been installed, unless one of the exceptions below is applicable:
(1)
A certificate of occupancy may be issued if all improvements have been installed except the finish course of the road and the Borough Engineer warrants that completion of the road is in the Borough's interest after the subdivider has completed construction of dwellings and structures. The maintenance guarantee required hereafter shall not begin until the finish course has been installed.
(2)
The Planning Board may also authorize the issuance of a temporary certificate of occupancy if the following improvements have been bonded but not yet installed: landscaping, sidewalks, other similar improvements. Prior to the issuance of more than 50% of the certificates of occupancy for a subdivision, all improvements shall have been constructed or installed.
C.
Borough acceptance.
(1)
The governing body shall not accept any road or other improvement into the municipal road system or for municipal ownership until the maintenance bond has been posted and all deficiencies are corrected or repaired. The Borough may, however, undertake to remove snow and perform other municipal services as may be required on the roads prior to final acceptance if the developer presents a written request to the governing body and agrees in said request to hold the Borough harmless for any damages to the roads or public improvements caused by snow removal or other municipal activities.
(2)
The governing body need not accept any roads or other improvements if the roads or other improvements will be used by the developer to complete other portions of the development.
(3)
If the Planning Board includes as a condition of approval of an application for development the installation of streetlighting on a dedicated public street connected to a public utility, then upon notification in writing by the developer to the Planning Board and Borough Council that the streetlighting on a dedicated public street has been installed and accepted for service by the public utility and that certificates of occupancy have been issued for at least 50% of the dwelling units and 50% of the floor area of the nonresidential uses on the dedicated public street or portion thereof indicated by section pursuant to Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the Borough shall, within 30 days following receipt of the notification, make appropriate arrangements with the public utility for, and assume the payment of, the costs of the streetlighting on the dedicated public street on a continuing basis. Compliance by the Borough of Palmyra with the provisions of this section shall not be deemed to constitute acceptance of the street by the Borough of Palmyra.
§ 158-41 Performance and maintenance mechanisms.
Performance and maintenance guarantees shall be provided by a variety of means including, but not limited to, the following:
A.
Security bond. The applicant may obtain a security bond from a surety bonding company authorized to do business in the State of New Jersey.
B.
Letter of credit. The applicant may provide an irrevocable letter of credit pursuant to N.J.S.A. 40:55D-53.5 from a bank or savings institution authorized to do and doing business in the State of New Jersey.
C.
Escrow account. The applicant shall deposit cash, or other instruments readily convertible into cash at face value, either with the Borough or in escrow with a bank.
D.
Property. The applicant may provide as a guarantee land or other property under an agreement approved by the Borough Solicitor.
E.
Subdivision improvement guarantee. An applicant may provide as a guarantee a subdivision improvement agreement between the applicant, lender, and Borough.
§ 158-42 Off-tract improvements.
Developers shall be required, as a condition for approval of a subdivision or site plan, to pay their pro rata share of the cost of providing reasonable and necessary street improvement and water, sewerage and drainage facilities and easements therefor located outside the property limits of the development but necessitated or required by construction or improvements within said development. The following criteria shall be utilized in determining a developer's proportionate or pro rata share of necessary off-tract improvements.
A.
Improvements to be constructed at sole expense of applicant. In cases where the reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owner receives a special benefit thereby, the applicant may be required, as a condition of approval, at the applicant's sole expense, to provide for and construct such improvement as if such were a nontract improvement, in the manner provided hereafter and otherwise provided by law.
B.
Other improvements. In cases where the need for any off-tract improvement is necessitated by the proposed development application and where it is determined that properties outside the development will also be benefited by the improvement, the following criteria shall be utilized in determining the developer's proportionate share of such improvements:
(1)
Sanitary sewers. For distribution facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers and the installation, relocation and replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:
(a)
The capacity and the design of the sanitary sewer system shall be based on Rules and Regulations for the Preparation and Submission of Plans for Sewage Systems, New Jersey Department of Environmental Protection and Energy and all Borough sewer design standards, including infiltration standards, and all other stormwater drain standards.
(b)
Developer's pro rata share.
[1]
The capacity of the existing system to service the entire improved drainage area shall be computed. If the system is able to carry the total developed drainage basin, no improvement or enlargement cost will be assigned to the developer. If the existing system does not have adequate capacity for the total developed drainage basin, the prorated enlargement or improvement share shall be computed as follows (where "gpd" means gallons per day):
Total enlargement or improvement cost Developer's cost | = | Total tributary gpd Development gpd |
[2]
If it is necessary to construct a new system in order to service the development, the prorated enlargement share to the developer shall be computed as follows:
Total project cost Developer's cost | = | Total tributary gpd Development tributary gpd |
[3]
The plans for the improved system or extended system shall be prepared by developer's engineer. All work shall be calculated by the developer and approved by the Sewer Engineer, or in lieu thereof, the Borough Engineer.
(2)
Water supply. The applicant's proportionate share of water distribution facilities including the installation, relocation or replacement of water mains, hydrants, valves, and associated appurtenances shall be computed as follows:
(a)
The capacity and the design of the water supply system shall be based on the standards specified in Article V of this chapter.
(b)
The Borough Engineer shall provide the applicant with the existing and reasonably anticipated capacity limits of the affected water supply system in terms of average demand, peak demand, and fire demand.
(c)
If the existing system does not have adequate capacity as defined above to accommodate the applicant's needs, the pro rata shares shall be computed as follows:
Total cost of enlargement or improvement Developer's cost | = | Capacity of enlargement or improvement (gpd) Development-generated or improvement cost gallons per day to be accommodated by the enlargement or improvement |
(3)
Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, and utility improvements uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:
(a)
The Borough Engineer shall provide the applicant's engineer with the existing and anticipated peak-hour flows for the off-tract improvement.
(b)
The applicant shall furnish a plan for the proposed off-tract improvement, which shall include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak-hour traffic generated by the proposed development to the future peak-hour traffic shall form the basis of the proportionate share. The prorated share shall be computed as follows:
Total cost of the roadway improvement and/or Developer's cost | = | Future peak-hour traffic Future peak-hour traffic generated by the development |
(4)
Drainage improvements. For stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, rip rap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's proportionate share shall be determined as follows:
(a)
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the standards of Article V of this chapter and shall be computed by the developer's engineer and approved by the Borough Engineer.
(b)
The capacity of the enlarged, extended or improved system required for the development and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer, subject to approval to the Borough Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system calculated by the Borough Engineer. The prorated share for the proposed improvement shall be computed as follows (where "cfs" stands for cubic feet per second):
Total enlargement or improvement cost of drainage facilities Developer's cost | = | Total tributary cfs Development cfs |
(5)
Other improvements. The applicant's proportionate share of other capital improvements shall be computed as follows:
Total cost of enlargement or improvement Developer's cost | = | Capacity of enlargement or improvement Development share of enlargement or improvement |
C.
Escrow accounts. Where the proposed off-tract improvement is to be undertaken at some future date, the monies required for the improvement shall be deposited to the credit of the Borough in a separate account until such time as the improvement is constructed. If the off-tract improvement is not begun within 10 years of deposit, all monies and interest shall be returned to the applicant.
D.
Computation of pro rata share. In any case in which an applicant shall not provide the approving authority with the estimates of a traffic consultant and/or consulting engineer with regard to estimated improvement costs and all other information necessary to proportion costs, the approving authority may rely on the estimates of the Borough Engineer in order to prorate costs.
§ 158-43 Improvement standards.
A.
General provisions. Prior to the granting of final approval, the developer shall have installed improvements required by the Planning Board or have posted a performance guarantee or surety sufficient to cover the cost of said improvements. The Planning Board may solicit local, county, state, federal, public or semipublic agencies and knowledgeable individuals on what improvements shall be required. Improvements recommended by other agencies, such as a utilities authority, county, state or other governmental agencies, may be required by the Planning Board as a condition of final approval. The following construction standards and improvements are necessary to protect the health, safety, welfare and convenience of the residents and public, as well as needed to meet local, county, regional, state and national goals and objectives. It is recognized, however, that in peculiar situations all of the improvements listed below may not be appropriate or needed.
(1)
Borough standards.
(a)
All standards and specifications of the Borough as now or hereafter adopted and applicable ordinances shall govern the design, construction and installation of all improvements.
(b)
Failure of the developer, his contractor or agent to conform to said specifications shall be just cause for the suspension of the work being performed. No developer shall have the right to demand or claim damages from the Borough, its officers, agents or servants by reason of said suspension.
(2)
Other standards.
(a)
In the event that the Borough has not adopted standards for a specific type of improvement, then generally accepted engineering standards as set forth in engineering and construction manuals, as may be approved and modified by the Borough Engineer for a specific situation, shall be used.
(b)
Gas, electric, telephone and similar utilities shall be installed in accordance with applicable company, state and federal requirements.
(3)
Grades. All construction stakes and grades shall be set by a licensed land surveyor in the employ of the subdivider, developer or contractor. One copy of all cut sheets, signed by a land surveyor or professional engineer, shall be filed with the Borough Engineer 48 hours prior to the commencement of any construction.
(4)
Inspection. Prior to the start of the construction or installation of such improvements, the developer shall advise the Borough Engineer 48 hours prior to the commencement of such work. No underground installation shall be covered until inspected and approved by the appropriate official. If, during installation of any of the required improvements, the developer fails to meet specification requirements or to correct unacceptable work, the developer shall be notified in writing, by certified mail, that the developer has failed to comply with specifications or to correct unacceptable work properly and said notice shall set forth in detail what has not been properly installed. If within 10 days after mailing of such notice the developer has failed to perform in accordance with the notice, the Borough shall then cause the notice of failure to comply to be served upon the developer and a copy shall be sent to the governing body and the Planning Board.
B.
Site conditions.
(1)
During construction, the site shall be maintained and left each day in a safe and sanitary manner, and any condition which could lead to personal injury or property damage shall be immediately corrected by the developer upon an order by the Construction Official, Administrative Officer or other authorized personnel.
(2)
Developed areas shall be cleared of all stumps, litter, rubbish, brush, weeds, dead and dying trees, roots and debris, and excess or scrap building materials shall be removed or destroyed immediately upon the request of and to the satisfaction of the Construction Official and Administrative Officer prior to issuing an occupancy permit.
(3)
No topsoil shall be removed from the site or used as spoil unless approved by the Borough Engineer. At least six inches of topsoil shall be provided within 25 feet of the structure or paved areas and appropriately landscaped. All non-hard-surfaced areas of the site or those portions without structures shall be stabilized by seeding or planting to prevent soil erosion. Areas where vegetation has been removed or the surface has been disturbed and which constitute a potential soil erosion problem shall be appropriately stabilized to the satisfaction of the Borough Engineer.
(4)
Changes in elevation.
(a)
No change shall be made in the elevation or contour of any lot or site by the removal of earth to another lot or site other than as shown on an approved preliminary plat.
(b)
Minimal changes in elevations or contours necessitated by field conditions may be made only after approval by the Borough Engineer. All said changes necessitated by field conditions shall be shown on the final plat and indicated as a change from the preliminary or if final approval has been granted, said changes shall be shown on the as-built plans.
(5)
Temporary improvements. Prior to or during construction, the Borough Engineer may require the installation or construction of improvements to prevent or correct temporary conditions on the site which could cause personal injury, damage to property or constitute a health hazard. These conditions may result from erosion and landslide, flooding, heavy construction, traffic, creation of steep grades and pollution. Improvements may include berms, mulching, sediment traps, detention and retention basins, grading, plantings, retaining walls, culverts, pipes, guard rails, temporary roads and others appropriate to the specific condition. All temporary improvements shall remain in place and in operation until otherwise directed by the Borough Engineer.