Requirements specific to major subdivisions.

Requirements specific to major site plans. No final major site plan application, whether for an entire tract or a section thereof, shall be approved by the Board unless:

Requirements specific to minor subdivisions and minor site plans. In the case of a minor site plan and/or minor subdivision, in the event that the developer elects to complete all improvements without posting the performance guaranty required by § 176-22D, no construction shall be commenced until a revised plan incorporating all conditions of approval is submitted and signed. The developer shall still post the inspection escrow and notify the Township Engineer prior to commencement of work. The Township shall have the power to waive the requirement of an inspection escrow for minor site plans only where the site improvements are established to be less than $3,500, in which case the Township building inspection staff shall perform the inspections and notice of work to be commenced shall be given to the Township Uniform Construction Code Official instead of to the Township Engineer. Whether or not an inspection escrow is required, all site improvements under this subsection must be completed prior to the issuance of a certificate of occupancy.

Performance guaranty.

Default by developer. If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, under the performance guaranty shall be liable to the Township for the cost of the improvements not completed or constructed, and the Township, either prior to or after receipt of the proceeds thereof, may complete the 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.[2] For the purposes of this subsection, "default" shall mean failure to install the improvements in accordance with the Township standards of construction, including, but not limited to, failure to install the improvements prior to the expiration of the performance guaranty. The Township Engineer's certification that the developer has defaulted in compliance with the required standards of construction and installation of improvements shall be the basis for Township Committee action which rejects the improvements, withholds approval, withholds construction permits or formally declares default and authorizes collection on the performance guaranty.

Penalties. In addition to penalties for violation in accordance with § 176-13, the Township Engineer is specifically authorized to require the replacement of any lands, buildings, structures and site improvements (including clearing, whether on site or off site), or of any other work commenced or continued on any site in violation of any stop-construction order or the standards for construction as established by the Township.

The applicant has paid all fees required by this chapter;

The applicant has received all other governmental approvals required by the Board's resolution of memorialization granting subdivision and/or site plan approval;

All revisions to the submitted plat or plan required by the Board at the time of subdivision or site plan approval have been filed with and approved by the Township Engineer and any other individual or group as may have been specified by the Board in the applicable resolution of memorialization granting subdivision and/or site plan approval;

The applicant's construction plans have been filed with and approved by the Township Engineer; and

The applicant has had a preconstruction meeting with the Township Engineer in accordance with § 176-11A for the purpose of forecasting and resolving problems that may arise during the time of construction.

The money deposited shall be held in escrow.

The money shall be deposited by the Township in a banking institution or savings and loan association in New Jersey insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the state.

The money shall be deposited in an interest-bearing account at the minimum rate currently paid by the institution or depository on time or savings deposits.

The Township shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit.

The Township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100. However, if the amount exceeds $100, the entire amount shall belong to the applicant or developer and shall be refunded to him by the Township annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the Township may retain for administrative expenses a sum equivalent to not more than 33 1/3% of that entire amount which shall be in lieu of all other administrative and custodial expenses.

All site improvements and utility installations for site plans, subdivisions, plot plans and other realty improvements shall be inspected during the time of their installation under the supervision of the Township Engineer to ensure satisfactory completion. The costs of said inspections shall be the responsibility of the developer, who shall deposit with the Township Chief Financial Officer inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of the public improvements as determined by the Township Engineer in accordance with § 176-22D(2) and not to exceed 5% of the cost of the remaining improvements that are not subject to the performance guarantee, provided that:

The inspection escrow shall be deposited by the Chief Financial Officer, or his designee, in an account for such purposes under the sole control of the Township. Said inspection escrow may be commingled with similar escrows from other developers, but accurate accounts and records shall be kept to identify the particular escrows and charges made against the same. The inspection escrow funds shall be used solely for payment of the inspection fees, expenses and costs on behalf of the Township during the course of construction by the Township Engineer, or such other officials as designated by the Township, including the Township Planner or the Township Attorney, for preparation of bond reduction resolutions and approval of guarantees.

The Township Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. Failure of the developer to deposit the required inspection fees in accordance with § 176-25A will subject the developer to a stop-work order and/or suspension of construction permits.

In no case shall any paving work be done without permission from the Township Engineer. At least two 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.

Streets shall not be paved with a top course until all heavy construction is completed and, if determined by the Township Engineer to be necessary, the macadam base course has first been restored. Shade trees shall not be planted until all grading and earth moving is completed. The placing of surveyor's monuments shall be among the last operations.

The Township Engineer's office shall be notified at least two working days prior to the commencement of the following phases of work so that he, or a qualified representative, may inspect the work:

Any improvement installed contrary to the plan or plat approved by the Township shall constitute just cause to void the municipal approval.

Any improvement installed without notice for inspection pursuant to § 176-25D above shall constitute just cause for:

Inspection by the Township of the installation of improvements and utilities shall not subject the Township of Waterford 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.

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 obligor may request of the Township Committee, in writing, by certified mail in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate appended to the performance guaranty pursuant to § 176-22D(3), a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgement of the obligor. The Township Engineer shall inspect all the improvements covered by the obligor's request and shall file a written detailed list and report with the Township Committee, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.

The list prepared by the Township Engineer pursuant to § 176-25J, 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 of 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 made in the performance guaranty in accordance with the itemized cost estimate appended to the performance guaranty pursuant to § 176-22D(3).

Upon adoption of the resolution by the Township Committee, the obligor shall be released from all liability pursuant to its performance guaranty, with respect to those approved 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 performance guaranty posted may be retained to ensure completion and acceptability of all improvements.

In the event that the obligor has made a cash deposit with the Township as part of the performance guaranty, then any partial reduction granted in the performance guaranty shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guaranty.

If any portion of the required improvements is rejected, the obligor shall complete or correct such improvements and, upon completion or correction, shall notify the Township Committee as specified in § 176-25J and the same procedures shall be followed as in the first instance.

Prior to the Township Committee approving the final reduction and release of the performance guaranty, all easements and open space specified on the final plat shall be conveyed to the Township, or such other grantee, by deed containing a metes and bounds legal description.

The final application for development shall have been approved by the Planning Board and the developer shall have submitted an affidavit, signed by a licensed New Jersey professional land surveyor, certifying that all required monuments have been set in accordance with the Map Filing Law[1] and any approved subdivision plat.

The owner/developer shall have posted with the Township Committee, prior to the release of the performance guarantee, a maintenance guarantee in an amount equal to not more than 15% of the cost of installation of the public improvements which are being released. The owner/developer shall also post with the Township Committee, upon the inspection and issuance of the 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, inflow and water quality structures within the basins and the outflow pipes and structures of the stormwater management system, if any, the cost of the maintenance guarantee to be determined by the Township Engineer in accordance with § 176-22D(2). The maintenance guarantee shall run for a period of two 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 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 Committee certified completion of such improvements and that during this time period the owner/developer has maintained the improvements in a satisfactory manner.

The owner shall have filed with the Township Committee a maintenance guaranty in an amount equal to and not more than 15% of the cost of installing the improvements, the cost to be determined by the Township Engineer in accordance with § 176-22D(2). The maintenance guaranty shall run for a period of two years. The procedures and requirements governing such maintenance guaranty shall be identical with the procedures and requirements for a performance guaranty set forth in this chapter. The requirements for a maintenance guaranty 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

An as-built plan and profiles of all utilities and roads (two black and white prints to be sent to the Township Engineer, plus a Mylar copy and two black and white prints to be sent to the Administrative Officer), with certification signed and sealed by a New Jersey licensed professional engineer as to the actual construction as approved by the Township Engineer, shall be provided.

Required improvements Applicants shall be required, as a condition for approval of a subdivision, site plan or conditional use to pay their proportionate share of the cost providing reasonable and necessary street improvements and/or water, sewerage and drainage facility improvements, and any necessary easements therefor located outside the property limits of the subject premises and necessitated or required by construction or improvements within such subdivision or development.

Improvements to be constructed at the expense of the developer. In cases where the need for an off-tract improvement is reasonably created by the proposed subdivision or development and where no other property owners receive a special benefit thereby, as opposed to a mere incidental benefit, the applicant may be required, as a condition of approval and at the applicant's sole expense, to acquire and/or improve lands outside the tract and dedicate such lands to the Township of Waterford, Camden County, or the State of New Jersey, or in lieu thereof, require the subdivider or developer to deposit with the Township a sum of money sufficient to allow the Township to acquire and/or improve such lands or conditions it may deem appropriate under the circumstances.

General standards for other improvements. In cases where the need for any off-tract improvement to be implemented now or in the future is reasonably necessitated by the proposed development application, the following criteria, together with the provisions or rules and regulations of the Township of Waterford or any department thereof, may be utilized in determining the developer's proportionate share of such improvements:

Escrow accounts. Where the proposed off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited to the credit of the Township of Waterford in a separate account until such time as the improvement is constructed. In lieu of a cash escrow account developers may present irrevocable letters of credit, for the term required, in a form acceptable to the Township Attorney. If the off-tract improvement is not begun within 10 years of the deposit, all monies and interest shall be returned to the applicant or the letter of credit, as the case may be, surrendered. An off-tract improvement shall be considered begun if the Township of Waterford has taken legal steps to provide for the design and financing of such improvements.

Referral to Township Committee.

Implementation of off-tract improvements.