The Township of East Brunswick was established in 1860. Since January 1, 1965, the

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& 132-53

LAND USE PROCEDURES

& 132-53

The approving authority shall, for the purposes of section 41 of P.L.1975, c.291

(C.40:55D-53), accept a performance guarantee or maintenance guarantee which

is an irrevocable letter of credit if it:

Constitutes an unconditional payment obligation of the issuer running solely

to the municipality for an express initial period of time in the amount

determined pursuant to section 41 of P.L.1975, c.291 (C.40:55D-53);

Is issued by a banking or savings institution authorized to do and doing

business in this State with an AA rating; [Amended 5-10-93 by Ord. No. 93-

21]

Is for a period of time of at least one year; and

Permits the municipality to draw upon the letter of credit by certifying

abandonment (default) of the project by passing of a resolution of the

governing body or if the obligor fails to furnish another letter of credit which

complies with the provisions of this section 30 days or more in advance of

the expiration date of the letter of credit or such longer period in advance

thereof as is stated in the letter of credit. [Amended 5-10-93 by Ord. No. 93-

21]

The performance guarantees shall be approved by the Municipal Attorney as to form,

sufficiency and execution. The letter of credit shall be approved by the Township

Finance Officer. [Added 5-10-93 by Ord. No. 93-21]

Uncompleted and unsatisfactory improvements; public hearing. [Amended 5-10-93

by Ord. No. 93-21]

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 the governing body in writing, by certified

m ail, in care of the Municipal Clerk, that the Municipal Engineer prepare, in

accordance with the itemized cost estimate prepared by the municipal engineer and

appended to the performance guarantee pursuant to subsection A. of this section,

a list of all uncompleted or unsatisfactory completed improvements. If such a request

is made, the obligor shall send a copy thereof to the Municipal Engineer. Thereupon

the Municipal Engineer shall inspect all improvements covered by the obligor's

request and shall file a detailed list and report, in writing, with the governing body,

and shall simultaneously send a copy thereof to the obligor not later than 45 days

after receipt of the obligor's request.

The list prepared by the Municipal Engineer 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 Municipal Engineer shall identify

each improvement determined to be completed and satisfactory together with a

recommendation as to the amount of reduction to be made in the performance

guarantee relating to the completed and satisfactory improvement, in accordance

with the itemized cost estimate prepared by the Municipal Engineer

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EAST BRUNSWICK CODE

& 132-53

and appended to the performance guarantee pursuant to subsection A. of this chapter. The

Municipal Engineer shall schedule a public hearing, to be held at 8:00 p.m. on a weekday.

The Municipal Engineer shall inform the Council and the obligor or use developer of the date

of the hearing and the obligor or use developer shall be required to provide notice of at least

fifteen (15) days by certified mail, return receipt requested, to all owners of land within the

subdivision that there will be a public hearing concerning the public improvements covered

by the performance guarantee. The notice will specify whether the obligor or use developer

seeks to release or reduce the performance guarantees. The obligor or use developer shall

cause to be published a notice of the public hearing in a newspaper circulated within the

Township of East Brunswick, said publication to be at least ten (10) days prior to the date of

the proposed hearing. The hearing shall be conducted by the Township Engineer and/or a

representative of the Division of Construction Inspection. A Council representative shall

attend the hearing. The obligor or use developer and its engineer are required to be present.

At the hearing, members of the public shall be afforded the right to speak with regard to the

public improvements. A list of concerns expressed by the homeowners shall be made part

of a punch list to be included in a detailed report which the Municipal Engineer shall file, in

writing, with the governing body. Verbatim minutes or an audio tape of the hearing shall be

forwarded to the governing body. Following the inspection of the improvements by the

Municipal Engineer and the public hearing, the engineer will include in his report to the

governing body a recommendation 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 by the Municipal Engineer. Included

within the report will be a synopsis of the public hearing.

The governing body shall notify the obligor or use developer of the date it will consider the

matter and the obligor or use developer will give at least 10 days notice of the Council

meeting to all owners of land within the subdivision.

The governing body, by resolution, shall either approve the improvements determined to be

com plete and satisfactory by the Municipal Engineer, or reject any or all of these

improvements upon the establishment in the resolution of cause for rejection, and shall

approve and authorize the amount of reduction to be made in the performance guarantee

relating to the improvements accepted, in accordance with the itemized cost estimate

prepared by the Municipal Engineer and appended to the performance guarantee pursuant

to this chapter. 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 or use developer shall be released from all liability pursuant to

its perform ance guarantee, with respect to those approved improvements, except for that

portion sufficient to secure completion or correction of the improvements not yet approved;

provided that thirty (30%) per cent of the amount of the performance guarantee posted may

be retained to ensure completion and acceptability of all improvements. The governing body

may retain an amount not to exceed one hundred twenty (120% ) per cent of the cost of

installation for improvements it may deem necessary or appropriate.

If the Municipal Engineer fails to send or provide the list and report as requested by the

obligor pursuant to this chapter within 45 days from receipt of the request, the obligor may

apply to the court in a summary manner for an order compelling the Municipal Engineer to

provide the list and report within a stated time and the cost of applying to the court, including

reasonable attorney's fee, may be awarded to the prevailing party.

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LAND USE PROCEDURES

& 132-53

If the governing body fails to approve or reject the improvements determined by the Municipal

Engineer to be complete and satisfactory or reduce the performance guarantee for the

complete and satisfactory improvements within 45 days from the receipt of the Municipal

Engineer's list and report, the obligor may apply to the court in a summary manner for an

order com pelling, within a stated time, approval of the complete and satisfactory

improvements in accordance with the itemized cost estimate prepared by the Municipal

Engineer and appended to the performance guarantee pursuant to subsection A. of this

section; and the cost of applying to the court, including reasonable attorney's fees, may be

awarded to the prevailing party.

In the event that the obligor has made a cash deposit with the municipality or approving

authority as part of the performance guarantee, then any partial reduction granted in the

performance guarantee pursuant to this subsection shall be applied to the cash deposit in the

same proportion as the original cash deposit bears to the full amount of the performance

guarantee.

If any portion of the required improvements is rejected, the governing body may require the

obligor or use developer to complete or correct such improvements and, upon completion or

correction, the same procedure of notification, as set forth in this Section, shall be followed.

Reduction of a bond or security, no lower than twenty (20% ) per cent of its initial value, can

be accomplished by resolution of the Township Council without public hearing or notice, upon

certification of the Township Engineer and the Division of Construction Inspection that the

improvements for which reduction is requested have been completed. No reduction in the

amount of any bond shall be granted despite the installation of any improvements, unless the

amount to which the bond is to be reduced shall be not less than one hundred twenty (120% )

per cent of the cost at that time of installing all remaining improvements for which the bond

was originally posted.

Escrow agreement; obligor liable.

The cash security referred to above shall be held by the municipality in accordance

with an escrow agreement between the obligor and the township, which shall be

executed and submitted with the applicant's request for final approval. Among other

things, the escrow agreement shall provide for the use of the funds by the township,

after thirty (30) days' written notice, where the obligor has failed to construct or install

the improvements in accordance with all the rules, regulations, specifications and

ordinances of the township or within the period provided for by the Planning Board,

but the use or failure to use the cash security referred to above shall in no way affect

or alter the obligation on the performance or maintenance bonds required under this

subsection. If the required improvements are not completed or corrected in

accordance with the performance guarantee, the obligor and surety, if any, shall be

liable thereon to the municipality for the reasonable cost of the improvements not

completed or corrected and the municipality may either prior to or after the receipt

of the proceeds thereof complete such improvements. Such completion or correction

of improvements shall be subject to the public bidding requirements of the "Local

Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.). Reasonable cost shall

include costs the Township incurs to force performance under the performance

guarantee. The cash posted shall be used for this purpose and if insufficient cash

is remaining, the performance bond wording shall include provisions for recovery

against the performance guarantee.

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EAST BRUNSWICK CODE

& 132-53

Dedicated improvements.

To the extent that any of the improvements have been dedicated to the municipality

on the subdivision plat or site plan, the municipal governing body shall be deemed,

upon the release of any performance guarantee required pursuant to this chapter,

to accept dedication for public use of street or roads and any other improvements

made thereof according to site plans and subdivision plats approved by the

approving authority, provided that such improvements have been inspected and have

received final approval by the M unicipal Engineer. Prior to acceptance, the

developer shall be responsible for all maintenance of improvements, including streets

and roads, street lighting, snow plowing, curbs and sidewalks, waterlines, storm

sewers and any other improvements which were installed. Nothing contained herein

shall relieve the developer of the obligation to post maintenance guarantees in

accordance with all requirements.

Maintenance guarantee.

Upon completion of all the improvements in a good and workmanlike manner and in

accordance with all rules, regulations, standards, specifications and ordinances of

the township and the filing of as-built drawings, the township will accept the

improvements subject to the deposit and posting of maintenance guarantees in an

amount equal to fifteen percent (15% ) of the estimated cost of construction, which

cost shall be determined by the Municipal Engineer. The security for maintenance

shall be held by the municipality in accordance with an escrow agreement similar to

the escrow agreement referred to above. Maintenance guarantees shall be

approved by the Municipal Attorney as to form, sufficiency and execution, and such

guarantee shall run for a period of two (2) years. Under no circumstances shall the

township pay or be liable for any interest on any funds deposited with the township

as a performance or maintenance guarantee.

No maintenance bond shall be accepted for any item that has further stages of work

or which will need to be altered or reworked.

Uncompleted improvements.

If, in the event of inclement weather or construction delays not occasioned by any act

of the developer, subdivider, builder, or successor, it shall be impossible to install the

required sidewalks, streetlighting, surveyors' monuments, shade trees and

landscaping at the time that a certificate of occupancy is applied for, the applicant

shall furnish the Chief Construction Official with an acknowledgment executed by the

prospective home buyer setting forth the improvements or portions thereof that are

not as yet installed and that the home buyer is agreeable to taking title and

possession of the dwelling in that condition in reliance upon the existing performance

guarantees posted pursuant hereto and the terms and provisions of this subsection.

Should those uncompleted improvem ents referred to above not be installed within

six (6) months after the date of the issuance of the certificate of occupancy, the

Township Council of the Township of East Brunswick, upon the recommendation of

the Township Engineer, may authorize, by resolution, that the performance

guarantees posted pursuant hereto be utilized by the Township of East Brunswick

for the purpose of installing such uncompleted improvements. [Amended 5-10-93

by Ord. No. 93-21]

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LAND USE PROCEDURES

& 132-53.1

Cluster subdivision.

Prior to the granting of approval of a final plat of a cluster subdivision, the subdivider

shall have installed or, at the option of the Planning Board, shall have furnished

performance guarantees for the ultimate installation of the following:

Such grading, drainage, planting, walkways, fencing and lighting of the

common open space as shall be deemed appropriate by the Planning Board

to enhance the intended open space uses.

Such other improvements in the common open space as shall be proposed

by the subdivider and approved by the Planning Board.

W here such improvements include trees, shrub or ground covers, the same

shall consist of varieties and shall be planted in accordance with standards

approved by the Planning Board and on file in the office of the Township

Engineer.

& 132-53.1.

Deposits Required to Offset Costs of Inspections and Test. [Added 11-

12-91 by Ord. No. 91-111; amended 5-10-93 by Ord. No. 93-21; 3-8-99

by Ord. No. 99-12; 4-28-03 by Ord. No. 03-15; 9-26-05 by Ord. No. 05-

29]

Prior to construction of any of the improvements referred to above specifically, the

commencement of any preparatory site work, including but not limited to clearance of the property,

grading or excavation or the signing of the final subdivision or site plan, whichever occurs first, the

developer shall deposit with the township a sum equal to five percent (5% ) of the cost of the

improvements but not more than four thousand, nine hundred and ninety-nine dollars ($4,999), which

shall be used to pay the costs of inspection and testing fees incurred by the township. In the event

that the costs of inspection and testing are less than the amount deposited, the balance shall be

refunded to the subdivider. If the costs are greater than the amount deposited, the township shall

require additional deposits as necessary. The following fee schedule shall be charged:

Township employees [amended 3-8-99 by Ord. No. 99-12; 4-28-03 by Ord. No. 03-

15]:

(a)

Up to eight (8) hours in a single weekday: Seventy five dollars per hour

($75.00/Hour).

(b)

Beyond eight (8) hours in a single weekday: One hundred twelve dollars per

hour ($112.00/Hour)

(c)

Saturday: One hundred twelve dollars per hour ($112.00/Hour)

(d)

Legal township holiday: one hundred eighty-seven dollars per hour

($187.00/Hour)

Inspection time will be rounded to the next half (½) hour for billing purposes.

Inspections for Saturdays and holidays must be pre-approved by Assistant Township

Engineer prior to scheduling.

Testing laboratory: cost to the township.

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EAST BRUNSWICK CODE

& 132-53.2

Outside Consulting Services [Added 5-10-93 by Ord. No. 93-21]:

W hen the Township deems it necessary to retain outside professional services, the

developer shall reimburse the Township for all reasonable professional consulting

fees.

B.

For those subdivision and site plans for which the reasonably anticipated fees are

less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial

amount deposited by a developer shall be 50% of the reasonably anticipated fees. W hen the balance

on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the

developer has been reduced by the amount paid to the municipal engineer for inspection, the

developer shall deposit the remaining 50% of the anticipated inspection fees. For those developments

for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the

developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of

the reasonably anticipated fees. W hen the balance on deposit drops to 10% of the reasonably

anticipated fees because the amount deposited by the developer has been reduced by the amount

paid to the municipal engineer for inspection, the developer shall make additional deposits of 25% of

the reasonably anticipated fees. The municipal engineer shall not permit any construction requiring

inspection if sufficient funds to pay for those inspections are not on deposit.

Construction W ithin Township Right-of-W ay: A Right-of-W ay Permit shall be required for

all construction work located within the Township right-of-way including sidewalks, curb aprons and

curbs adjacent to roadways. The permit fee shall be twenty-five ($25.00) dollars. [Added 9-26-05 by

Ord. No. 05-29]

& 132-53.2.

Inspections. [Added 5-10-93 by Ord. No. 93-21; amended 10-2-95 by

Ord. No. 95-34; 3-8-99 by Ord. No. 99-12; 7-7-08 by Ord. No. 08-12]

Prior to construction, the developer shall arrange for a preconstruction conference

among the developers, contractor and Manager of Engineering Services or his/her

designee. The Manager of Engineering Services shall be notified by certified m ail

by the developer at least five business days in advance of the planned

commencement of construction activity. [Amended 7-7-08 by Ord. No. 08-12]

No work shall be done without the appropriate valid construction permit from and

inspection by the Township. The Manager of Engineering Services or his/her

designee is authorized to issue a summons in the event any developer, agent, or

corporation refuses to honor a stop work notice. No underground installation shall

be covered until inspected and approved. The Township Department of Planning

and Engineering shall be notified twenty-four hours before each of the following

phases of the work has been commenced so that the Township may inspect the

work: pavement subgrade; curb and gutter forms; curbs and gutters; pavement

(after each coat, in the case of prim ing and sealing); drainage pipes and other

drainage structures before backfilling; shade trees and planting strips; street name

signs; and monuments. [Amended 7-7-08 by Ord. No. 08-12]

No work or construction of improvements requiring same day inspection by the

township shall be performed on Saturdays, Sundays, legal township holidays or at

any other time or hours than those during which the East Brunswick Municipal

Building is open to the general public without prior approval from the Department of

Planning & Engineering. These items of work include but are not limited to pouring

concrete, paving and pipe construction. [Amended 3-8-99 by Ord. No. 99-12]

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