502 Millbrook Avenue, Randolph, NJ 07869-3799
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Ordinance No. 21-18

Introduced: October 2, 2018
Public Hearing: November 29, 2018
Status: Pending

An Ordinance Amending and Supplementing Sections 15-2.2, and 15-92 of the Code of the Township of Randolph Regarding Performance, Maintenance and Stabilization Guarantees


WHEREAS, New Jersey P.L. 2017, Chapter 312, approved on January 16, 2018 amends certain sections of the Municipal Land Use Law regarding the requirements for performance and maintenance guarantees; and

WHEREAS, the Township of Randolph desires to amend the Code of the Township of Randolph to incorporate the amendments contained within P.L. 2017, Chapter 312; and

WHEREAS, the Township of Randolph desires to amend the definitional section of the Code at Section 15-2.2 to add a definition for “stabilization guarantees,” and to amend Section 15-92 to add the requirement of a safety and stabilization guarantee; and

WHEREAS, the Township of Randolph desires to amend the performance and maintenance guarantee ordinance requirements to be consistent with P.L. 2017, Chapter 312.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION 1. Section 15-2.2 of the Code of the Township of Randolph is amended to add a new definition for “safety and stabilization guarantee” therein as follows:

SAFETY AND STABILIZATION GUARANTEE means a guarantee which is required by the Township to return the property which is the subject of a development application to a safe and stable condition or to implement measures to protect the public from an unsafe or unstable condition as determined by the Township Engineer.

SECTION 2. Section 15-92 is revised at Section A(1) and Section B as follows:

15-92(A)1
The furnishing of a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of installation for all improvements to be dedicated to the Township and any grading necessitated by said improvements not installed prior to final approval. The Township may also require a performance guarantee to include, within an approved phase or section of a development, privately-owned perimeter buffer landscaping, as required by municipal ordinance or imposed as a condition of approval. At the developer’s option, a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping.

15-92(B)
Prior to the release of a performance guarantee the developer shall post a maintenance guarantee with the Township Council for a period not to exceed 2 years after final acceptance of the improvements, in an amount not to exceed 15% of the cost of the installation of improvements which are being released.

SECTION 3. The Code of the Township of Randolph is supplemented with the addition of the following Sections 15-92 A(2), A(3), C, and D as follows:

15-92(A)2
The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.

15-92(A)3
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 guarantee referred to herein as a “temporary certificate of occupancy guarantee,” in favor of the Township 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 guarantee. Upon posting of a “temporary certificate of occupancy guarantee” all sums remaining under a performance guarantee, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and the amount of the “temporary certificate of occupancy guarantee” shall be determined by the Township Engineer. The “temporary certificate of occupancy guarantee” shall be released by the Township Engineer 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.

15-92(C)
The Developer shall also post with the Township, upon inspection and issuance of final approval of the following private site improvements by the Township Engineer, a maintenance guarantee not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system, if any which cost shall be determined according to the method of calculation set forth at N.J.S.A. 40:55D-53.4.

15-92(D)
A developer shall furnish a “safety and stabilization” guarantee in favor of the Township. At the developers option the “safety and stabilization guarantee” may be furnished either as a separate guarantee or a line item of the performance guarantee. The “safety and stabilization guarantee” shall be available to the municipality solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:

  1. 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
  2. work has not recommenced within 30 days following the provision of written notice by the municipality to the developer of the municipality’s intent to claim payment under the guarantee. The Township shall not provide notice of its intent to claim payment under a “safety and stabilization guarantee” until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The Township shall provide written notice to the developer by certified mail or other form of delivery providing evidence of receipt.
  3. The amount of the “safety and stabilization guarantee” shall be in accordance with N.J. S. A. 40: 55D-53 (41) (d)
  4. The Township shall release a separate “safety and stabilization guarantee” to the developer upon the developers furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required pursuant to this Section. The “safety and stabilization guarantee” shall be released upon the Township Engineers determination that the development of a project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.

SECTION 4. The Code of the Township of Randolph shall be relettered such that existing Sections 15-92 “C” through “P” shall be renumbered “D” through “Q.”

SECTION 5. All ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION 6. If any section, subsection clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portion of this Ordinance.

SECTION 7. This Ordinance shall take effect immediately upon final passage, approval and publication as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Mark Forstenhausler, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 21-18

Notice is hereby given that an Ordinance entitled “An Ordinance Amending and Supplementing Sections 15-2.2, and 15-92 of the Code of the Township of Randolph Regarding Performance, Maintenance and Stabilization Guarantees” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on October 2, 2018 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on October 18, 2018 at 7 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to amend the Township Ordinances to incorporate amendments to the Municipal Land Use Law regarding performance, maintenance and safety and stabilization guarantees pursuant to New Jersey P.L. 2017, Chapter 312.

A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey