Township of North Brunswick, NJ Article XXXII Improvements; Site Maintenance; Assignment of Contractors

§ 205-133 General requirements regarding public and private improvements.

[Amended 3-19-1990; 6-7-1993]

A. Public improvements to be installed. The subdivider shall install or guarantee the installation of all required public improvements, including but not limited to grading, streets, off-street parking, gutters, curbs and sidewalks, streetlighting, street signs, landscaping and shade trees, recreational facilities, culverts, storm sewers, drainage structures, utilities (electric, telephone, water mains or other means of water supply, sanitary sewers or other means of sewage disposal and all appurtenances to such facilities properly connected with approved systems of water supply and sewerage, as the case may be, and adequate to handle all present and probable future development), fire hydrants and monuments.

B. Criteria in determining required public improvements. To determine the required public improvements, the approving authority will consider:

(1) The probable development at various parts of the Township as referred in the Master Plan and the Zoning Ordinance.

(2) The necessity of safe, convenient and pleasant means for the movement of traffic.

(3) The protection of the public health, safety, comfort, convenience and general welfare and the preservation of the ecology and natural environment if necessary public services allow the preservation of such environment.

(4) The definition of public improvements, as "public improvements" shall include streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyors' monuments, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion-control and sedimentation-control devices, public improvements of open space and all nonpublic improvements whose operation may substantially affect or decrease the life of any and all public improvements.

C. Public improvements required prior to issuance of a certificate of occupancy. No certificate of occupancy shall be issued for any use or building involving the installation of utilities or street improvements, parking areas, buffer areas, storm drainage facilities, the alteration of the existing grade on a lot or the utilization of a new on-site well or sanitary disposal system unless the Township Engineer or other appropriate authority shall have, where applicable, certified to the following:

(1) Utilities and drainage. All utilities, including but not limited to water, gas, storm drains, sanitary sewers, electric lines and telephone lines, shall have been properly installed, and service to the lot, building or use from such utilities shall be available.

(2) Grading of street rights-of-way. All street rights-of-way necessary to provide access to the lot in question shall have been completely graded, and all slope-retaining devices or slope planting shall have been installed.

(3) Sidewalks. All sidewalks necessary to provide access to the lot in question shall have been properly installed.

(4) Curbing, parking areas and streets. Curbing, parking areas and the bituminous base course of bituminous concrete streets or the curbing and pavement course for portland cement concrete streets necessary to provide access to the proposed lot, building or use shall have been properly installed.

(5) Roadway obstructions. All exposed obstructions in bituminous concrete streets, such as manhole frames, water boxes and the like, shall be set to the existing grade and raised to final grade upon installation of any final wearing surface.

(6) Buffer areas and grading of lots. The lot in question shall have been fully graded and all lot grading on adjacent areas affecting drainage on or across the lot in question shall be complete and all topsoiling and planting and required buffer areas or fences shall have been provided or bonded in accordance with the requirements of an approved site plan or final plat, if any, or as required by the Township Engineer, to permit proper surface drainage and prevent erosion of the soils. Conformance with the approved soil disturbance plan shall be certified to by the subdivider's engineer.

(7) On-site wells. All on-site wells shall have been installed, tested and approved by the Township Board of Health.

(8) On-site sanitary disposal systems. All on-site sanitary disposal systems shall have been installed and approved by the Township Board of Health.

(9) Public water supply. Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested and all required fire hydrants or fire connections shall have been installed and tested and approved by the Chief of the Bureau of Fire Prevention and/or the Fire Prevention Subcode Official.[1]

[1] Editor's Note: See Ch. 176, Fire Prevention.

(10) Street signs and traffic control devices. All street signs and/or traffic control devices affecting the proposed lot, building or use and required under the terms of approval of a final plat or by federal, state, county or municipal rules, regulations or laws shall have been installed.

(11) Other. Any other conditions established for issuance of a certificate of occupancy by the Planning Board as a condition of final approval shall be complied with.

D. Responsibility for public improvements. Installation of all public improvements throughout a subdivision shall be under the inspection of the Township Engineer, shall be at the sole expense of the subdivider and shall be in accordance with the approved final plan as modified by other action of the Planning Board and the Township Council herein provided and in accordance with law.

§ 205-133.1 Design of public improvements.

[Amended 3-19-1990]

Public improvements shall be designed and constructed in accordance with the requirements herein. Should public improvements be required which are not provided for within the particular sections of this chapter, they shall be designed and constructed in accordance with good engineering practice and recognized design standards. The subdivider or his engineer shall submit detailed design calculations and construction specifications in each such instance. Prior to the approval of such specialized design, the particular standards to be utilized shall be submitted for review by the Planning Board and the Township Engineer.

§ 205-133.2 Standards for public improvements.

A. General. All public improvements shall be installed in complete accordance with the standards of this chapter, with other particular specifications approved by the Planning Board and the Township Engineer and with all other applicable Township, county and state regulations.

[Amended 3-19-1990]

B. Standard specifications and construction details.

(1) The Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, latest revisions, as modified, supplemented, amended or superseded by the requirements of this chapter, by the approved final plat, by particular agreement among the Planning Board, Township Council and subdivider or by other applicable Township, county or state regulations, shall govern the completion of the required improvements. Such Standard Specifications and Standard Construction Details are made a part of this chapter by this reference and will not be herein repeated. It is the responsibility of all the subdividers to familiarize themselves with these standards, copies of which may be examined at the offices of the Township Clerk and the Township Engineer and may be obtained, upon payment of the cost thereof, from the New Jersey Department of Transportation. The requirements of this chapter, an approved final plat or of particular agreements and conditions of approval and of applicable Township, county or state regulations shall govern and prevail in the case of conflict between them and the Standard Specifications or Standard Construction Details.

[Amended 3-19-1990]

(2) Should the Township adopt, subsequent to the effective date of this chapter, particular and specific standard construction details for the Township of North Brunswick, they shall govern and prevail over the Standard Construction Details of the New Jersey Department of Transportation previously referred to.

C. Clearing and grading.

(1) All grading, excavation or embankment construction shall be in accordance with the approved final plat and shall provide for the disposal of all stormwater runoff and such groundwater seepage as may be encountered. All clearing, excavation and embankment construction shall be in accordance with the applicable requirements of the Standard Specifications. No excavated material may be removed from the site except in accordance with an approved final plat nor without the prior approval of the Township Engineer. Where borrow excavation materials from off-site sources are required to complete the necessary grading, such material shall meet the requirements of the Standard Specifications for Borrow Excavation Zone 3, and shall be subject to the approval of the Township Engineer.

(2) Material which the Township Engineer judges is unsuitable for use in roadway embankments may be used for grading outside the roadway right-of-way of building areas with the permission of the Township Engineer. Any unsuitable material which cannot be satisfactorily utilized on the site shall be removed from the site and disposed of at places to be provided by the subdivider.

(3) All construction layout and grading stakes shall be set by a licensed land surveyor or professional engineer employed by the subdivider or his contractor.

(4) All rough grading must be completed prior to the construction of the roadway subgrade. All sidewalk areas and slope areas must be fully graded prior to the construction of finished pavements or pavement base courses.

D. Roadways.

(1) General requirements. Roadways and all appurtenances, including subgrade, subbases, base courses and pavements, shall be constructed in accordance with the applicable requirements of the Standard Specifications as modified herein. All subsurface utilities including service connections (terminating at least two feet behind the sidewalk, or if no sidewalks are to be installed, terminating at least seven feet behind the curb), to each lot and all storm drains shall be installed in all roadway areas prior to the construction of final pavement surfaces.

(2) Type of pavement. All roadways shall be constructed with either a bituminous concrete flexible pavement structure or a portland cement concrete rigid pavement structure. Only one type of pavement shall be utilized throughout any subdivision.

(3) Pavement structure design.

(a) The pavement structure design for each particular subdivision utilizing either a flexible or rigid pavement type shall be the responsibility of the subdivider or his engineer. The pavement design shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils to be encountered in roadway areas in the subdivision and shall follow current design recommendations of the Asphalt Institute, the Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the Township Engineer.

(b) As minimum requirements, rigid Portland cement paving shall be expansion joint type paving utilizing joints similar to Type A expansion joints, according to the Standard Construction Details of the New Jersey Department of Transportation, shall be reinforced, constructed with Class B air-entrained concrete, and shall have a minimum thickness of six inches for local and minor collector streets and eight inches for other classifications. Flexible bituminous concrete pavements shall have an equivalent structural depth of at least eight inches of bituminous concrete for local and minor collector streets, having a minimum wearing surface of not less than two inches of pavement Type FABC and a minimum bituminous stabilized base course of not less than six inches. This required pavement shall be a minimum requirement and may be modified or increased by the Planning Board if required by soil, traffic volumes or other conditions.

(4) Subgrades. All subgrade shall be prepared in accordance with the applicable requirements of the Standard Specifications for bituminous concrete and reinforced concrete pavements. Prior to the construction of any subbase base of pavement course all salt or unyielding portions of the subgrade which do not attain the required stability will be removed and replaced with the suitable material, and the whole surface of the subgrade shall be compacted. The provision of a uniform roadway subgrade meeting the requirements of the Standard Specifications shall be the full responsibility of the subdivider. In certain cases, special treatment may be required because of the character or nature of the subsoil. Such special treatment may include lime or cement stabilization, wet excavation or construction of underdrainage fields. Any proposal by the subdivider to stabilize subgrade shall be subject to the approval of the Township Engineer.

(5) Subbase and/or aggregate base courses. Where granular subbase courses are included in the pavement design section proposed by the subdivider, they shall be constructed in accordance with the applicable requirements of the Standard Specifications. Bituminous concrete pavements and stabilized bases may be constructed on subgrade without subbase or aggregate base courses, provided that the subgrade can be satisfactorily prepared as hereinbefore described. Dense graded aggregate base courses shall comply with the requirements of the Standard Specifications for soil aggregate Type 5, Class A, or Type 2, Class A or B. Portland cement concrete pavements must be constructed with a minimum of six inches of a granular type subbase meeting the requirements of the Standard Specifications for soil aggregate Type 4, Class E. Any subbase course or aggregate base course to be utilized with any type of pavement shall have a minimum thickness of four inches.

(6) Bituminous base courses.

(a) Bituminous base courses for use with bituminous concrete pavements shall consist of a plant-mixed bituminous stabilized base course (stone mix or gravel mix) in accordance with the requirements of the Standard Specifications, except that the requirements for the construction of base course shall be amended to allow the laying of the base course with a single lift maximum thickness not exceeding four inches.

(b) Prior to placement of any bituminous stabilized base coat, the finished surface of any underlying subbase or aggregate base shall receive a prime coat in accordance with the requirements of the Standard Specifications.

(7) Bituminous pavements. Bituminous pavements shall consist of a bituminous concrete surface course Type FABC 1 in accordance with the requirements of the Standard Specifications. The bituminous pavement wearing surface should generally not be installed until just prior to the time the streets are prepared for final acceptance. Prior to the installation of a bituminous concrete surface, the bituminous base course shall be inspected by the Township Engineer. Any areas of the base course in need of repair shall be removed and replaced at the direction of the Township Engineer. If the Township Engineer directs, a leveling course of FABC material shall be placed on any uneven or below-grade base courses prior to the placement of finished pavement. No pavement surfaces shall be placed unless permission to do so has been granted by the Township Engineer. No paving shall be done until all road structures, such as manholes, catch basins and other underground utility access chambers, are brought to grade level.

(8) Concrete pavements. Concrete pavements shall be constructed in accordance with the requirements of the Standard Specifications. Expansion joints shall be New Jersey State Department of Transportation Type A expansion joints. The subdivider may submit at the time of submission of the tentative plat for preliminary approval an alternate expansion joint detail. The use of such an alternate must be recommended by the Township Engineer and approved by the Planning Board. Where existing concrete roadways are being widened as the result of abutting properties, the widened pavement shall be required to be of portland cement concrete. The remaining pavement in the subdivision may, if the subdivider elects, be bituminous concrete. This will be an exception. The requirement is that all pavement constructed within a subdivision be of the type as specified in this section.

(9) Alternate pavement types. In areas where alternate pavement types are proposed or desired for decorative purposes because of physical restrictions on existing conditions or because of limitations or shortages in certain types of construction materials, a detail of the type and/or location of alternate pavement types proposed shall be submitted for approval with the tentative and/or final plat. The use of alternate pavement types may only be permitted if the applicant submits for review and approval details and specifications concerning the equipment, materials and methods proposed for use and if the Township Engineer has inspected the installation of and tested and approved a suitable sample section of such pavement. In the event that the Township Engineer does not approve the sample section of pavement, the subdivider shall remove the same section and replace it with a type of pavement permitted by this chapter or such other alternate as may be approved by the Planning Board.

E. Curbs and gutters.

(1) General requirements. The Planning Board may require curbs and gutters to be constructed along both sides of every street within a subdivision. Any existing properties damaged by curb construction shall be repaired to the standards herein and/or as shown on the final plat. Where one side of the subdivision boundary shall be constructed only on the subdivision side, curbs and/or combinations of curb and gutter shall be constructed of concrete having a twenty-eight-day compressive strength of 4,500 pounds per square inch in accordance with the requirements of the Standard Specifications. Preformed bituminous cellular-type joints filled 1/2 inch thick and cut to match the cross section of the curb shall be used at all expansion joints at intervals not greater than 20 feet. Intermediate plate joints shall be provided at intervals not exceeding 10 feet. At places where the concrete curb shall be placed to match the paving joints, intermediate joints shall be placed so as to create equal curb panels not longer than 20 feet. When a concrete curb and gutter are required, the gutter shall be eight inches thick and shall be constructed of concrete having a twenty-eight-day compressive strength of 4,500 pounds per square inch. Joints in the gutter shall be formed simultaneously with joints in the curb. Curb and combination curb and gutter cross sections shall be shown. The requirements of the Standard Specifications regarding curing precautions must be strictly observed.

(2) Use of combination curb and gutter. Use of a combination curb and gutter will be allowed in all areas and required in those areas having a bituminous pavement with profile grade greater than 5%, with the following exceptions:

(a) Both sides of a street for the entire block length shall be constructed with one type of curb; that is, where only a portion of a block is required to have a combination curb and gutter, the entire block shall be constructed using the combination curb and gutter.

(b) Where 50% or more of the curb length of any street would be required to have a combination curb and gutter, the entire street shall be constructed with the combination curb and gutter.

(c) Where 50% or more of any subdivision is required to have a combination curb and gutter, the entire subdivision shall be constructed with a combination curb and gutter.

(3) Timing of curb construction. In areas with bituminous concrete pavement, the required curb and/or curb and gutter shall be constructed prior to the construction of the bituminous base courses. Any required repairs to curbs and/or combination curbs and gutters which are not suitable for acceptance shall be made prior to construction of the final pavement wearing course. In those areas having portland cement concrete pavement, the curb shall be constructed after the construction and curing of the portland cement concrete pavement.

(4) Alternate curb types. In certain instances it may be necessary or desirable to construct alternate curb types. For example, these may be required by the Planning Board on the perimeter of channelizing islands or in areas of unusually heavy gutter drainage flow or may be desired by the subdivider for decorative purposes or to preserve vegetation, e.g., granite block curb, rolled concrete curb, etc. If alternate curb types are to be permitted, an appropriate construction detail shall be submitted for approval with the tentative and final plat. A continuous slip-formed curb or a combination curb and gutter may be permitted if such is considered to be desirable by the Township Engineer. The use of a continuous slip-formed curb or a combination curb and gutter may only be permitted if the applicant submits for review and approval details and specifications concerning equipment, materials and methods proposed for use, and if the Township Engineer has inspected the installation of and tested and approved as suitable a sample section of curb or combination curb and gutter, the subdivider shall remove the sample section and replace it with a type of curb or curb and gutter permitted by this chapter or such other alternate as may be approved by the Planning Board.

F. Parking lots. Parking lots shall be constructed with a minimum of two inches of fine aggregate bituminous concrete surface course and four inches of bituminous stabilized base, unless otherwise approved by the Planning Board with such other requirements as approved by the Planning Board.

G. Sidewalks and aprons.

(1) General requirements. Sidewalks shall be constructed on both sides of all streets within a subdivision and entirely around the perimeter of all culs-de-sac. Where the subdivision abuts one side of an existing street, the sidewalk shall be constructed only on that side. Sidewalks shall also be constructed at any other places, such as pedestrian walkways or access points to open space, as shown on or required at the approval of the final plat.

(2) Location. Sidewalks shall generally be located within the roadway right-of-way with the sidewalk edge farthest from the roadway placed one foot from the property line. In cases where topography dictates or a proposed subdivision provides for the extension of an existing street or abuts an existing street, where sidewalks have already been installed in a location other than as specified above, or where such variations in sidewalk locations are needed to preserve trees or natural features, the Planning Board may approve alternate sidewalk locations in order to provide for the preservation of physical features or the continuation of the existing sidewalks.

(3) Sidewalk construction. Sidewalks shall be four feet wide and four inches thick, except that when crossing driveways the thickness shall be increased to six inches. Where the Planning Board determines that a sidewalk may be subject to unusually heavy pedestrian traffic, it may require that the width be increased to a maximum of eight feet, except for two-way bike paths. All sidewalk construction shall be in accordance with the applicable requirements of the Standard Specifications. Concrete shall be Class A, air-entrained. One-half-inch-thick preformed bituminous cellular joint fillers shall be placed at intervals not exceeding 20 feet. Dummy (formed) joints shall be cut into the concrete sidewalk between the expansion joints at equal intervals not exceeding the width of the sidewalk. The sidewalk subgrade shall be compacted prior to the placement of any sidewalk. Any unsuitable material encountered in the subgrade shall be removed and replaced with suitable material acceptable to the Engineer. All six-inch sidewalk areas crossing driveways shall be reinforced at the midpoint of the sidewalk section. Reinforcement shall be welded wire fabric (66-1212) or an equivalent approved by the Township Engineer.

(4) Apron construction. Reinforced concrete aprons shall be constructed at all driveways between the concrete curb, or combination curb and gutter, and the concrete sidewalk. Such aprons shall be six inches thick and shall be reinforced with welded wire fabric (66-1212) or an equivalent approved by the Township Engineer located at the midpoint of the apron section. Concrete shall be Class C, air-entrained. The width of the apron at the curbline shall be not less than the width of the driveway plus 10 feet or a minimum of 20 feet, whichever is greater.

(5) Driveway depressions. At each driveway, the concrete curb or combination curb and gutter shall be depressed to form a driveway opening. The depression shall be 20 feet long or equal in length to the width of the driveway plus 10 feet, whichever is greater. The depression shall be smoothly formed to maintain a lowered curbface across the depression of at least one inch but not more than two inches. The bottom of the curb shall be lowered to maintain full curb depth across the depression. If a driveway is installed in an area which does not have depressed curbing, the entire curbing shall be removed and replaced to the next existing curbing joints.

(6) Alternate sidewalk or apron types and/or locations. In areas where alternate sidewalk or apron types and/or locations are proposed or desired either for decorative purposes or because of physical restrictions or existing conditions, a detail of the type and/or location of sidewalk and apron proposed shall be submitted for approval with the tentative and/or final plat. The color of all concrete shall be the natural, normal color of concrete. Continuous slip formed sidewalks may be permitted if such is considered to be desirable by the Township Engineer. The use of continuous slip formed sidewalks may only be permitted if the applicant submits for review and approval details and specifications concerning the equipment, materials and methods proposed for use and if the Township Engineer has inspected the installation of and tested and approved a suitable sample section of such sidewalk. In the event that the Township Engineer does not approve the sample section of continuous slip-formed sidewalk, the subdivider shall remove the sample section and replace it with a type of sidewalk permitted by this chapter or such other alternate as may be approved by the Planning Board.

(7) A depressed pedestrian ramp shall be provided on the tangent side of all curb returns except where waiver of this requirement is approved by the Planning Board.

H. Concrete requirements.

(1) All concrete used in the work of the subdivision shall be prepared in accordance with the requirements of the Standard Specifications for the various classes of concrete used, except that the twenty-eight-day compressive strength of the concrete used shall not be less than the following:

(a) Class A: 4,500 pounds per square inch.

(b) Class B: 3,500 pounds per square inch.

(c) Class C: 3,000 pounds per square inch.

(d) Class D: 2,500 pounds per square inch.

(2) Unless specific written permission is obtained from the Township Engineer to the contrary, only concrete obtained from dry-batched redi-mixed trucks shall be allowed.

I. Storm drainage facilities.

(1) General requirements. All storm drainage facilities shall be constructed in accordance with the applicable requirements of the Standard Specifications. The subdivider or his engineer shall submit complete calculations, specifications, plans and details for all proposed storm drainage facilities. Any field samples or laboratory tests required to document the conclusions of such calculations shall be performed at the sole expense of the subdivider.

(2) Storm drain pipe. All storm drain pipe shall be either slip-joint-type reinforced concrete or, subject to the restrictions herein, fully coated, invert paved, corrugated metal steel culvert pipe meeting the requirements of the Standard Specifications and of a wall thickness sufficient to meet the proposed conditions of service, but in any event, no wall thickness less than Class 3. Wall B for concrete pipe or No. 14 gauge for corrugated metal steel pipe shall be allowed. Generally, concrete pipe will be used except in areas of steep grades or other restrictive physical conditions where corrugated metal or other types of pipe may be permitted. No concrete pipe may be laid on grades exceeding 10%. Concrete pipe below 30 inches, or equivalent, in size will be jointed using a mortared joint in accordance with the specifications. Concrete storm drain pipe 30 inches in diameter or larger will be jointed using a preformed bituminous mastic pressure-type joint sealer or rubber-ring-type joint or other equivalent approved joint. All corrugated metal pipe shall be fully bituminous coated with paved invert and a gauge meeting the requirements of the Standard Specifications sufficient for the proposed service. All storm drains shall be tangent between inlets, manholes or other structures. Prior to laying any storm drains, the bottom of all trenches shall be inspected by the Township Engineer. Should the Engineer determine that the trench is unsuitable for the placement of the pipe, the subdivider shall take all necessary action to remove or eliminate any unsuitable conditions. These may include but are not limited to excavation and backfill with suitable material, placement of bedding material, construction of pipe cradles or such other action necessary to remove all unsuitable conditions. Proposed storm drainage installations which do not conform to the above must be fully detailed and approved as part of the final plat.

(3) Inlets and manholes. Inlets and manholes shall be constructed where required in accordance with the requirements of the Standard Specifications and Standard Construction Details.

(4) Headwalls. All pipe terminations shall be provided with poured concrete headwalls, precast concrete end sections or corrugated metal end sections in accordance with the approved final plat. Poured concrete headwall shall be wing-type headwalls with aprons in accordance with the Standard Construction Details.

(5) Prior approvals. Where the approval of any other jurisdiction (e.g., county, Water Policy and Supply Council or others) is required for any proposed drainage facility, such approval shall be obtained prior to the granting of final approval. The Planning Board shall have the right to require more stringent conditions than those imposed by other jurisdictions for such drainage improvements in accordance with the provisions of this chapter.

J. Shade trees.

(1) All trees planted in accordance with the provisions of this chapter or as required by the Planning Board shall be placed in a proper manner and in a good grade of topsoil and within the area of the tree well at the point where the tree is planted. In the event that any individual person or group of individual persons desires to plant a tree(s) in a tree well or within the jurisdiction of the North Brunswick Township Shade Tree Commission, such person or persons may do so; provided that they conform to the provisions of this chapter, and further provided that permission of the said North Brunswick Township Shade Tree Commission is obtained.

(2) All shade trees to be hereafter planted in accordance with this chapter shall be nursery grown, of substantially uniform size and shape and shall have straight trunks. Ornamental trees need not have straight trunks, but must conform in all other respects with the provisions for trees and tree plantings outlined in this chapter.

(3) All trees planted pursuant to this chapter shall be planted in a dormant state.

(4) Subsequent or replacement plants shall conform to the type of existing tree in a given area, provided that if any deviation is anticipated, it must be done only with the permission of the North Brunswick Township Shade Tree Commission. In a newly planted area, only one type of tree may be used on a given street, unless otherwise specified by the North Brunswick Township Shade Tree Commission.

(5) A hole in which a tree is to be planted shall be, in each case, 1/3 larger in width and in depth than the existing root ball of the particular tree to be planted. The hole for a tree to be planted shall contain proper amounts of topsoil and peat moss, but no chemical fertilizer shall be added until the tree has been planted for one year.

K. Landscaping.

(1) Topsoil preservation. No topsoil shall be removed from the site or used as spoil, except as may be provided for in a soil removal permit issued in accordance with the ordinances of North Brunswick Township regulating mining operations.[1] All topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide an even cover and shall be stabilized by seeding or planting. All regraded areas shall be covered by a four-inch minimum thickness of topsoil, and, if sufficient topsoil is not available on the site, topsoil meeting the requirements of the Standard Specifications shall be provided to result in a four-inch minimum thickness.

[1] Editor's Note: See Ch. 292, Soil Removal.

(2) Tree removal. All tree removal shall be in accordance with the requirements of Township ordinances.

(3) Protection of trees. No material or temporary soil deposits shall be placed within six feet of any trees or shrubs designated to be retained on the tentative and/or final plat. Where grading may be required, trees not shown for removal shall be walled-in and extension tiled to the outer crown of the tree.

(4) Removal of debris. All tree stumps and other parts or other debris shall be removed from the site and disposed of in accordance with law. No tree stumps, portions of a tree trunk or limbs shall be buried anywhere in the subdivision. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips they may, subject to the approval of the Township Engineer, be used as mulch in landscaped areas.

(5) Slope plantings. Landscaping of the areas of all cuts or fills and terraces shall be sufficient to prevent erosion, shall be approved by the Planning Board and shall be in accordance with North Brunswick Township ordinances. All roadway slopes steeper than one foot vertical to three feet horizontal shall be planted with suitable cover plants combined with grass and/or sodding. Grass or sodding alone shall not be acceptable.

(6) Selective thinning. Throughout the subdivision, except in areas specifically designated to remain in their natural state, both on building lots and in open space areas for public or quasi-public use, the subdivider shall selectively thin to remove all dead or dying vegetation, either standing or fallen, and shall remove, including grubbing out stumps, all undesirable trees and other growth. The subdivider shall, in accordance with overall site development and his proposed landscaping scheme, provided cleared, graded and drained pathways approximately four feet wide through all public or quasi-public open space in heavily wooded areas. Such pathways should be sited to conform to the existing natural conditions and should remain unobtrusive. They are not intended to provide improved walkways but only to provide easy access to open space.

(7) Additional trees. Besides the shade tree requirements outlined above, additional trees shall be planted throughout the subdivision in accordance with a planting plan approved by the Planning Board at the time of final approval. The variety of plantings may vary from those listed under shade tree requirements and may include flowering types and evergreens.

(8) Waiver. The Planning Board, after examination and review, may waive, fully or partially, provisions of this section for good cause shown.

(9) Specifications. All planting, clearing, selective thinning, topsoiling, seeding and other landscaping work shall conform to the applicable requirements of the Standard Specifications.

L. Water supply.

(1) The design and construction approval of all public and individual water supply systems or extensions of existing systems, shall be under the jurisdiction of the Township of North Brunswick and the State of New Jersey, respectively. Prior to the approval of any final plat, the full approval of any public water system must have been obtained from the appropriate parties and filed with the Planning Board.

(2) All lots in any major subdivision must be connected to a public water supply.

M. Sewage disposal.

(1) The design and construction or approval of all public systems or extensions of existing systems, either publicly or privately owned, shall be under the jurisdiction of the Township of North Brunswick.

(2) In the event that the Planning Board determines that the lots in any major subdivision cannot be served at the time of application by a public sewage disposal system, septic systems may be installed, provided that:

(a) The requirements of state statutes, including the New Jersey Realty Improvements Act, are met.

(b) They are installed in accordance with the regulations of the North Brunswick Township Board of Health.[2]

[2] Editor's Note: See Part III, Board of Health Legislation, of the Code.

(c) The lot use conforms to the requirements herein.

(d) If any existing land drainage structures, such as French drains, are encountered during the course of construction of any subdivision, no septic system or any part thereof shall be installed on any lot within 400 feet thereof without the prior approval of the Township of North Brunswick Board of Health. Such approval shall only be granted if new percolation tests, taken at least two months after such drainage structures are removed, show that satisfactory soil conditions exist and that installation of such septic system in the area affected by the removal of the drainage structures will not be detrimental to the health of the Township residents or cause pollution of any of its waters.

N. Streetlighting. Streetlights shall be of a type approved by resolution of the Township Council and by the electric utility company serving the proposed subdivision. The subdivider shall pay the full cost for initial installation of any streetlights. After final acceptance, operation and maintenance costs shall be the responsibility of the Township.

[Amended 3-19-1990]

O. Street Signs. Street signs shall be similar to those presently installed by the Township and shall be of a type and size approved by the Township Council and shall be properly installed at each street intersection. Streets signs shall be placed two per intersection, on the near right-hand corner as viewed from both directions on the street which is expected to carry the greatest traffic through the intersection. Mountings shall be in accordance with the standard procedures of the Township or with requirements adopted by the Township Council.

[Amended 3-19-1990]

P. Fire hydrants.

(1) A certificate of occupancy shall not be issued for any residential structure located in an area serviced by a public or private water company unless the distance from the midpoint of the frontage of such premises to a functioning fire hydrant, which has been tested and approved by the Bureau of Fire Prevention and the Water Utilities Department[3] and shall be installed in approved locations.

[3] Editor's Note: See Ch. 176, Fire Prevention, and Ch. 352, Water.

(2) Final subdivision plats shall not be approved by the Planning Board unless fire hydrants are indicated on the final plat in accordance with the requirements herein contained as to location of and distances between fire hydrants.

(3) Fire hydrants shall be located not more than 500 feet apart. The water lines to the same shall be looped, and the plans for the same shall be approved by the Fire Subcode Official and the Water Utilities Division.

[Amended 10-20-1986]

(4) Installation of fire hydrants with respect to any subdivision shall not be considered a subdivision improvement to be included in the bonding requirements, but rather the proper installation of fire hydrants shall be a condition of the issuance of certificates of occupancy.

(5) All fire hydrants shall be classified as follows:

(a) Class A: flow capacity greater than 1,000 gallons per minute.

(b) Class B: flow capacity of 500 gallons per minute.

(c) Class C: flow capacity of less than 500 gallons per minute.

(d) Said flow capacities are to be rated by a flow measurement test at a period of ordinary demand, the rating to be based on 20 pounds per square inch of residual pressure when initial pressures exceed 40 pounds per square inch. When initial pressures are less than 40 pounds per square inch, residual pressure shall be at least half of the initial pressures.

Q. Guardrails. Guardrails, pipe rolling or other appropriate barricades, as required by the Planning Board, shall be designed and placed at drainage structures, streams, embankment limits, curves and other required locations. Guardrails shall be standard steel beam type with galvanized steel posts in accordance with the Standard Construction Details. Alternate designs and guardrails and barricades may be used and shall be submitted for approval as part of the approval of the final plat.

R. Monuments and iron stakes. Monuments shall be of a size and shape required by Section 4, Chapter 358, of the Laws of 1953,[4] and shall be placed in accordance with said statute. In addition to the required monuments, after grading is finished, the developer shall install a steel stake one inch in diameter and 30 inches in length on all lot corners, lot line angle points or other changes in direction not marked by monuments and at all angle points or discontinuities in easement lines where such easements are not parallel to property lines.

[4] Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

S. Easements. Wherever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 25 feet in width shall be provided.

T. Traffic control devices. The subdivider shall, prior to final acceptance, install all traffic control devices required within any subdivision or, with the consent of the Township Council, may pay to the Township Treasurer a nonrefundable sum in cash or certified check in the amount set by the Township Engineer as equal to the cost of all necessary traffic control devices, including but not limited to signs, traffic lines, lights, reflectors and channelizing markers. The number, type, legend, placement and size of all traffic control devices shall be in accordance with the Manual on Uniform Control Devices by the United States Department of Transportation and the requirements of municipal, county and state regulations and shall be according to an approved plan submitted at the time of final plat approval. Construction details of all proposed traffic control devices shall be in accordance with standards prepared by the Township Engineer and approved by the Township Council.

[Amended 3-19-1990]

U. Inspection notice. All of the above-listed public improvements, except those utility improvements which are not the responsibility of the Township, shall be subject to an inspection and approval by the Township Engineer, who shall be notified by the developer at least five days prior to the initial start of construction and again 24 hours prior to the resumption of work after any idle period exceeding one working day. All of the utility improvements shall be subject to inspection and approval by the owner or an agency controlling the utility, who shall be notified by the developer in accordance with the utility's requirements. No underground installation shall be covered until it is inspected and approved by the owner of or agency controlling the facility for utilities or by the Township Engineer in all other cases.

[Amended 3-19-1990]

§ 205-133.3 Off-tract public improvements.

A. General requirements. Where the Planning Board determines that off-tract public improvements are necessary for proper development and utilization of the proposed subdivision and the surrounding area, it may require the subdivider to install or contribute to the installation of off-tract public improvements. Where the Planning Board has determined that off-tract public improvements are required, the subdivider, prior to the granting of final approval, shall have constructed or made payments toward the ultimate installation of off-tract public improvements, such as but not limited to streets, curb and gutters, sidewalks, water mains, sanitary sewers, storm sewers and culverts, monuments and streetlights, all in accordance with the specifications governing on-site public improvements. Required off-tract public improvements shall be based upon adopted circulation plans and comprehensive utility plans for the Township.

[Amended 3-19-1990]

B. Cost allocation. The Planning Board shall allocate the cost of said off-tract public improvements in accordance with the standards hereinafter set forth. The improvement of a stream and/or widening of a street or road fronting on the tract to be subdivided shall not constitute an off-tract public improvement, and the cost of said improvement shall not be allocated.

[Amended 3-19-1990]

(1) The allocation of cost for off-tract public improvements shall be determined in accordance with the following:

(a) The Planning Board may consider the total cost of the off-tract public improvements, the benefits conferred upon the subdivision, the needs created by the subdivision population and land use projections for the general areas of the subdivision and other areas to be served by the off-tract public improvements, the estimated times of construction of off-tract public improvements and the condition and periods of usefulness. The Planning Board may further consider the criteria set forth below.

(b) Road, curb, gutter and sidewalk improvements may be based upon the anticipated increase of traffic generated by the subdivision. In determining such traffic increase, the Planning Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and the other factors related to the need created by the subdivision and anticipated thereto.

(c) Drainage facilities may be based upon the percentage relationship between the subdivision acreage and the acreage of the total drainage basins involved or upon calculations developing the percentage contribution that the storm runoff from a particular subdivision bears to the total design capacity of any public improvement, the particular methods to be selected in each instance by the Township Engineer.

(d) Sewerage facilities shall be based upon a proportion as determined by the current rules and regulations of the North Brunswick Mayor and Council.

(e) Water supply and distribution facilities may be based upon the current rules and regulations governing the particular utility supplying water service.[1]

[1] Editor's Note: See Ch. 352, Water.

(2) All moneys received by the Township in accordance with the provisions of this section shall be paid to the Township Treasurer, who shall provide for a suitable depository therefor. Such funds shall be used only for the public improvements for which they are deposited or public improvements serving the same purposes, unless such public improvements are not initiated for a period of five years from the date of payment, after which time said funds shall be transferred to the capital improvement fund of the Township.

(3) The apportionment of costs shall be determined by the Planning Board. The subdivider shall be afforded an opportunity before said Board to present evidence relative thereto.

C. Assessment not precluded. Nothing in this section shall preclude the Township from assessing any property benefitting from installation of any off-tract improvements as provided in this Article pursuant to the provisions of the New Jersey Revised Statutes, allowance being made to the respective parcels of realty for payments herein.

§ 205-133.4 Inspections; payment to contractors; acceptance of public improvements.

A. General requirements. All public improvements, except as otherwise provided, shall be subject to inspection and approval by the Township Engineer. No underground installation shall be covered until inspected and approved by the Township Engineer or those agencies having jurisdiction over the particular installation. If such installation is covered prior to inspection, it shall be uncovered or other inspection means used, such as television or other pipeline camera, as may be deemed necessary by the Township Engineer, and charges for such work will be paid by the subdivider.

[Amended 3-19-1990]

B. Inspection not acceptance. Inspection of any work by the Township Engineer or his authorized representative shall not be considered to be final approval or rejection of the work, but shall only be considered to be a determination of whether or not the specific work involved was being done to Township specifications or other required standards at the time of inspection. Any damage to such work or other unforeseen circumstances, such as the effect of the weather, other construction, changing conditions, settlement, etc., between the time of installation and the time that the developer wishes to be released from his performance guaranty, shall be the full responsibility of the developer, and no work shall be considered accepted until release of the performance guaranty.

C. Payment to contractors. No developer shall enter into any contract requiring the Township Council, the Township Engineer or any of their agents, employees or other representatives to make any declarations, written or otherwise, as a condition of payment of said developer to a contractor as to the acceptance or rejection of the work. Neither the Township Council, the Township Engineer nor any of their agents, employees or representatives shall make any such declaration.

[Amended 3-19-1990]

D. Procedure on acceptance of public improvements.

[Amended 4-7-1980; 3-19-1990]

(1) When the subdivider has constructed and installed the streets, drainage facilities, curbs, sidewalks, street signs, monuments and other improvements in accordance with Township regulations, standards and specifications and desires the Township to accept said public improvements, he shall notify the Township Council, in writing, by certified mail addressed in care of the Township Clerk, of the completion of said public improvements, with copies thereof to the Township Engineer, requesting inspection of the public improvements. The Township Engineer shall inspect the public improvements as directed by the Township Council and shall file a detailed written report indicating approval, partial approval or rejection of the public improvements. The Township Engineer's report may be filed subsequent to any public hearing which is held concerning said public improvements pursuant to this section. The Township Council shall notify the subdivider, in writing, by certified mail, of the action to be taken not later than 45 days after receipt of the Township Engineer's report that public improvements have been completed. However, any request by the developer/subdivider for postponement or adjournment of the decision to be made on the release or reduction request, inspection or public hearing shall eliminate the forty-five-day action requirement, and the developer shall be required to renew his request thereafter. If the public improvements have been constructed under a performance guaranty after approval of a final plat, the subdivider shall submit an as-built plan showing as-built grades, profiles and sections and location of all subsurface utilities, such as French drains, combination drains, sanitary sewage disposal systems, both public and individual waterlines and control valves, gas lines, telephone conduits, monuments, property iron markers and any other utilities or public improvements which are constructed prior to final plat approval, and the final plat shall reflect all changes and as-built conditions and be so certified. Said as-build plan(s) shall be submitted on reproducible media.

[Amended 6-7-1993]

(2) Prior to any request for release or reduction of the performance guaranty, the subdivider shall file the as-built plans with the Township Engineer. The subdivider shall also submit digital vector data of all bonded utilities associated with the project, in New Jersey State Plane Coordinate System NAD83 in or compatible with one of the following formats: AutoCAD drawing (DWG), ESRI shapefile or Drawing Exchange (DXF) format. Thereafter the subdivider/developer shall, in writing to the Township Clerk, submit a request for release or reduction of the performance guaranty. The request shall state either the percentage of the original performance guaranty amount sought to be reduced or that complete release of the performance guaranty is requested. In the event that the request is for a complete release of the performance guaranty or for a reduction of the performance guaranty which would result in 30% or less of the original performance guaranty amount to remain in effect, the developer shall determine from the Township Clerk the date when the Township Council shall hold a public hearing on the release or reduction of the performance guaranty, said date to be fixed during the period within 45 days following the submission by the developer of such as-built tracings and written request to the Township Clerk. At least 10 days prior to the date fixed for said hearing by the Township Clerk, the subdivider shall notify, by certified mail or personal service, each property owner within the development and shall cause to be advertised in the Township's official newspaper a notice of the time and place of the hearing during which the Township Council will consider the release of the subdivider's performance bond. At least one week prior to said hearing, the subdivider shall submit and file with the Township Clerk a listing of all property owners within the development upon whom notice was served; photostats or other acceptable reproduction copies of all receipts for certified mail or an affidavit stating that personal service was made and indicating the method of personal service that was utilized; and proof in affidavit form of publication in the Township's official newspaper. In the event that the request is for a complete release of the performance guaranty or for a reduction of the performance guaranty which would result in 30% or less of the original performance guaranty amount to remain in effect, the request shall be accompanied by a certification of the developer/subdivider that all of the public improvements covered under the performance guaranty have been completed. Any such request not accompanied by the required certification shall be rejected by the Township Clerk.

[Amended 6-7-1993; 11-14-2005 by Ord. No. 05-34]

(3) The Township Council shall approve, partially approve or reject the developer's request for release or reduction of the performance guaranty based upon a determination as to whether those public improvements coming within the scope of the performance guaranty have been completed in accordance with the municipal requirements which may be established by the various municipal agencies having jurisdiction and in accordance with all agreements, conditions of approval and other requirements of the various municipal agencies having jurisdiction. The public improvements generally included within the scope of the performance guaranty constitute items as specifically enumerated in the performance guaranty to be accepted by the Township. Additional items which shall be included within the scope of the performance guaranty are all nonpublic improvements whose operation may substantially affect or decrease the life of any and all public improvements included within the scope of the performance guaranty.

E. Procedure on release of performance bond for private site work improvements.

[Added 6-7-1993]

(1) When the subdivider has constructed and installed the private site work improvements in accordance with Township regulations, standards and specifications and desires the Township to accept said private site work improvements, he shall notify the Township Council, in writing, by certified mail addressed in care of the Township Clerk, of the completion of said private site work improvements, with copies thereof to the Township Engineer, requesting inspection of the private site work improvements. The Township Engineer shall then inspect the private site work improvements as directed by the Township Council and shall file a written report indicating whether the private site work improvements have been installed, which report shall in part be based upon the as-built drawing for subsurface utilities. The Township Engineer's report may be filed subsequent to any public hearing which is held concerning said private site work improvements pursuant to this section. The Township Council shall notify the subdivider, in writing, by certified mail, of the action to be taken not later than 45 days after receipt of the Township Engineer's report. However, any request by the developer/subdivider for postponement or adjournment of the decision to be made on the release or reduction request, inspection or public hearing shall eliminate the forty-five-day action requirement, and the developer shall be required to renew his request thereafter. Said as-built plans shall be certified to by the applicant's professional engineer. Said as-built plan(s) shall be submitted on reproducible media.

(2) Prior to any request for release of the private site work performance guaranty, the subdivider shall file the as-built plans with the Township Engineer. The subdivider shall also submit digital vector data of all bonded utilities associated with the project, in New Jersey State Plane Coordinate System NAD83 in or compatible with one of the following formats: AutoCAD drawing (DWG), ESRI shapefile or Drawing Exchange (DXF) format. Thereafter the subdivider/developer shall, in writing to the Township Clerk, submit a request for release or reduction of the performance guaranty. The developer shall determine from the Township Clerk the date when the Township Council shall hold a public hearing on the release or reduction of the performance guaranty, said date to be fixed during the period within 45 days following the submission by the developer of such as-built tracings and written request to the Township Clerk. At least 10 days prior to the date fixed for said hearing by the Township Clerk, the subdivider shall notify, by certified mail or personal service, each property owner within the development and shall cause to be advertised in the Township's official newspaper a notice of the time and place of the hearing during which the Township Council will consider the release of the subdivider's private site work performance bond. At least one week prior to said hearing, the subdivider shall submit and file with the Township Clerk a listing of all property owners within the development upon whom notice was served; photostats or other acceptable reproduction copies of all receipts for certified mail or an affidavit stating that personal service was made and indicating the method of personal service that was utilized; and proof in affidavit form of publication in the Township's official newspaper.

[Amended 11-14-2005 by Ord. No. 05-34]

(3) The Township Council shall approve or reject the developer's request for release or reduction of the performance guaranty based upon determination as to whether those private site work improvements coming within the scope of the performance guaranty have been completed in accordance with the municipal requirements which may be established by the various municipal agencies having jurisdiction and in accordance with all agreements, conditions of approval and other requirements of the various municipal agencies having jurisdiction. The private site work improvements generally included within the scope of the performance guaranty constitute items as specifically enumerated in the performance guaranty to be accepted by the Township.

§ 205-133.5 Modification of public improvements.

[Amended 3-19-1990]

A. (Reserved)[1]

[1] Editor's Note: Former Subsection A, Inspection fees, was repealed 9-15-1997 by Ord. No. 97-13. See now § 205-89, Fees and escrow deposits.

B. Modification of public improvements. At any time, whether as a result of his inspection of work underway or otherwise, the Township Engineer may recommend that the subdivider be required to modify the design and extent of the public improvements required, notifying the Planning Board of his recommendations. The Planning Board shall, if it considers such modifications to be major or if requested by the subdivider or the Township Engineer, take formal action to approve or disapprove such recommendations; provided, however, that it must first afford the subdivider an opportunity to be heard. If the Board takes no formal action within 30 days of such recommendations, or where the subdivider has not requested formal Planning Board action, its approval will be assumed. Similarly, the Planning Board may grant or deny the subdivider permission to effect such modification upon his application and the Township Engineer's approval. In either event, where such modification is to be effected, the appropriate subdivision map or plat must be revised by the subdivider or his engineer to reflect such modification, and six copies thereof must be submitted to the Township Engineer, who shall transmit two copies to the Secretary of the Planning Board.

§ 205-133.6 Performance guaranties.

[Amended 3-19-1990; 6-7-1993; 11-14-2005 by Ord. No. 05-34; 9-4-2018 by Ord. No. 18-11]

A. Before recording final subdivision plats or recording of minor subdivision deeds or as a condition of a 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 Planning Board or Zoning Board of Adjustment may require and shall accept, in accordance with the standards adopted herein, for the purpose of assuring the installation and maintenance of certain on-tract public improvements:

(1) Performance guaranty required.

(a) The furnishing of a performance guaranty in favor of the Township of North Brunswick in an amount equal to 120% of the cost 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 developer and approved by the Municipal 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,[1] water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements.

[1] Editor's Note: See N.J.S.A. 46:26B-1 et seq.

(b) The performance guaranty may also be required to include, at the discretion of the Township, Planning Board or Zoning Board of Adjustment, a guaranty for the installation of privately owned perimeter buffer landscaping. A separate performance guaranty, if required, shall be posted for the privately owned perimeter buffer landscaping or may be included in the performance guaranty for the bonded public improvements. The developer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty for review and approval by the Municipal Engineer, which improvements shall be appended to each performance guaranty posted by the obligor. The developer shall also submit digital vector data of all bonded as-built utilities associated with the project, in New Jersey State Plane Coordinate System NAD83 in or compatible with one of the following formats: AutoCAD drawing (DWG), ESRI shapefile or Drawing Exchange (DXF) format.

(2) The developer shall post with the Township, prior to the release of the performance guaranty, a maintenance guaranty in an amount equal to 15% of the cost of the installation of the improvements covered under the performance guaranty, along with 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, which itemized cost shall be determined by the developer and approved by the Municipal Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4. The term of the maintenance guaranty shall be for a period not to exceed two years and shall automatically expire at the end of the established term.

(3) The furnishing of a safety and stabilization guaranty in favor of the Township of North Brunswick to ensure that the Township has an adequate guaranty to return the property that has been disturbed to a safe and stable condition or otherwise implement measures to protect the public from access to an unsafe or unstable condition. The Township shall be permitted to access the guaranty when 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 work has not recommenced 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 guaranty. At the developer's option, the safety and stabilization guaranty may be included as a line item for safety and stabilization in the performance guaranty rather than in the form of a separate guaranty. The amount of the safety and stabilization guaranty shall be calculated pursuant to N.J.S.A. 40:55D-53.4 as follows:

(a) $5,000 for the first $100,000 of bonded improvement costs; plus

(b) 2.5% of bonded improvement costs in excess of $100,000 up to $1,000,000; plus

(c) 1% of bonded improvement costs in excess of $1,000,000.

B. The time allowed for installation of the bonded improvements for which the performance guaranty has been provided may be extended by the governing body by resolution. As a condition or part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined by the developer and approved by the Municipal Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the resolution.

C. If the required bonded improvements are not completed or corrected in accordance with the performance guaranty, the obligor 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.

D. Approved bonded improvements.

(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 obligor may notify the governing body, in writing, by certified mail addressed in care of the Municipal Clerk, of the completion or substantial completion of bonded improvements and shall send a copy thereof to the Municipal Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon, the Municipal Engineer shall inspect all bonded improvements of which such notice has been given and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.

(2) The governing body, 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 guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guaranty. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guaranty 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 guaranty and safety and stabilization guaranty posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guaranty shall be reduced by the same percentage as the performance guaranty is being reduced at the time of each performance guaranty reduction.

(3) For the purpose of releasing the obligor from liability pursuant to its performance guaranty, the amount of the performance guaranty attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate which formed the basis of the performance guaranty and appended to the performance guaranty pursuant to Subsection A of this section, 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 guaranty, then the municipality may retain 30% of the amount of the total performance guaranty and safety and stabilization guaranty to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guaranty attributable to bonded improvements for which a temporary certificate of occupancy guaranty has been posted shall be released from the performance guaranty even if such release would reduce the amount held by the municipality below 30%.

E. If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements, and upon completion, the same procedure of notification as set forth in this section shall be followed.

F. Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Municipal Engineer.

G. Inspection fees.

(1) The obligor shall reimburse the municipality for reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of the improvements, which fees shall not exceed the sum of the amount set forth in N.J.S.A. 40:55D-53. The municipality may require the developer to post the inspection fees in escrow in an amount calculated as follows: except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements subject to a performance guaranty, plus an amount not to exceed 5% of the cost of private site improvements not subject to a performance guaranty, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4. If the inspection fees required are less than $10,000, the developer shall have the option of paying same in two equal installments with the initial amount deposited to be 50% of the inspection fees. When the balance of inspections fees on deposit reaches 10%, the remaining installment shall be due and payable. If the inspection fees required are $10,000 or greater, the developer shall have the option of paying same in up to four installments with the initial amount deposited to be 25% of the inspection fees. When the balance of inspection fees on deposit reaches 10%, the developer shall make additional deposits of 25% of the inspection fees.

(2) If the Township determines that the amount in escrow for the payment of inspection fees, as calculated herein, 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 inspection escrow deposit request, prepared by the Municipal Engineer, which informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.

(3) In the event that final approval is by stages or sections of development pursuant to Subsection (a) of Section 29 of the Municipal Land Use Law (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.

H. Temporary certificate of occupancy guaranty.

(1) In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guaranty, referred to herein as a "temporary certificate of occupancy guaranty," in favor of the Township of North Brunswick in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to 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 guaranty. Upon posting of a temporary certificate of occupancy guaranty, all sums remaining under a performance guaranty, required pursuant to § 205-133.6 of the North Brunswick Code, 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 guaranty shall be determined by the Construction Code Official, Zoning Officer, Municipal Engineer, or any other municipal official designated by ordinance. The temporary certificate of occupancy guaranty shall be released by the Construction Code Official, Zoning Officer, Municipal Engineer, 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.

I. 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 guaranties 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 beginning or continuing work authorized by the construction permit, the new owner or successor developer shall file with the Building Department an application for a permit update to notify the Building Department of the name and address of the new owner or successor developer and of all other changes to information previously submitted to the Building Department. The Building Department shall not approve the application for a permit update until it receives notification from the governing body, or its designee, that the new owner or successor developer has furnished adequate replacement performance, maintenance or other guaranties and assignment of developer's agreement.

§ 205-133.7 (Reserved) [1]

[1] Editor’s Note: Former § 205-133.7, Maintenance guaranty, was repealed 9-4-2018 by Ord. No. 18-11.

§ 205-133.8 Site maintenance during construction.

A. It shall be the responsibility of the developer to maintain the entire subdivision in a safe and orderly condition during construction. Necessary steps shall be taken by the subdivider to protect occupants of the subdivision and the general public from hazardous and unsightly conditions during the entire construction period. These steps shall include, but are not limited to, the following:

(1) Open excavation shall be enclosed by fencing or barricades during nonconstruction hours. Movable barricades shall be equipped with yellow flashing hazard markers or other lighting during hours of darkness.

(2) Excavation of previously installed sidewalk and pavement areas which provide access to occupied buildings in the subdivision shall be clearly marked with signs and barricades. Alternate safe access shall be provided for pedestrians and vehicles to the occupied buildings.

(3) Materials stored on the site shall be screened from the view of occupants of the subdivision and adjoining streets and properties.

(4) Construction equipment, materials and trucks shall not be stored within 150 feet of occupied buildings in the subdivision and adjoining streets and properties during nonconstruction hours.

(5) Safe vehicular and pedestrian access to occupied buildings in the subdivision shall be provided at all times.

(6) Construction activities which create dust, fumes, odor, smoke, vibration or glare noticeable on occupied lots in the subdivision and adjoining properties and streets shall not be permitted.

(7) Construction activities which will result in damage to trees and landscaping on occupied lots in the subdivision or adjoining properties shall not be permitted.

(8) All locations and activities in the subdivision which present potential hazards shall be marked with signs indicating the potential hazard.

(9) Unsightly construction debris, including scrap materials, cartons, boxes and wrappings must be removed daily at the end of each working day.

(10) Construction traffic control devices shall be provided in accordance with the Uniform Manual of Traffic Control Service, with any subsequent addendum, as approved by the New Jersey Department of Transportation.

(11) Snow shall be removed from all streets and roadways not yet accepted by the Township but used by residents of the development within 12 hours after daylight after any such street or roadway is covered with snow or ice, and if same cannot be wholly removed from such streets and roadways, sand, salt or other proper substance shall be sprinkled thereon so that such street or roadway shall be safe for travel. This obligation shall commence upon the first occupancy of the development.

[Added 5-5-2003 by Ord. No. 03-17]

B. Should the developer fail in his obligation to maintain the subdivision in a safe and orderly condition, the Township may, on two days' written notice, or immediately in the case of hazard to life, health, or property, undertake whatever work may be necessary to return the subdivision to a safe and orderly condition. The cost thereof shall be charged against the performance guaranty.

§ 205-133.9 Transfer or assignment of interest; contractor performance requirements.

[Amended 3-19-1990]

A. Before any subdivider transfers or assigns any of his interest in any tentative or final approval of any subdivision, he must notify the Township Council and supply detailed information with regard to the name, address, principals, type of organization, competency, experience and past performance of the assignee, transferee or agent. Notice of such assignment or transfer shall be given at least 10 days prior to its effective date, and the assignee must be made acquainted with all the conditions of approval, and the subdivider shall so certify.

B. No contractor, builder, developer or subcontractor shall engage any personnel in any of the work on constructing any public improvements on the site of the subdivision unless they are continually supervised by a competent supervisor acceptable to the Township Engineer.

C. Not less than five days prior to commencing construction of any public improvements on the site, the subdivider or his agent shall provide the Township Engineer with the names, addresses, phone numbers and emergency phone numbers of the subdivider and/or a representative empowered to act for the subdivider and of each contractor and the supervisor in charge of the construction, setting forth the aspect of construction for which each is responsible.