[Amended 2-13-2019 by Ord. No. 2019-01]
A.
Guarantees: performance guarantee; safety and stabilization guarantee;
temporary certificate of occupancy guarantee; maintenance guarantee.
Before filing of a final subdivision plats or recording of minor subdivision
deeds or as a condition of final site plan approval or as a condition
to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65d,
the developer shall provide the Borough with a performance guarantee
and a maintenance guarantee for the purpose of assuring the installation
and maintenance of certain on-tract improvements and any dedicated
off-tract improvements required as a condition of approval. The guaranties
shall be in the form authorized by N.J.S.A. 40:55D-53a and approved
by the Borough attorney as to form, sufficiency and execution. A developer
may be required to provide a safety and stabilization guarantee, and
if the developer requests a temporary certificate of occupancy, the
developer may also be required to provide a temporary certificate
of occupancy guarantee.
(1)
Performance guarantee.
(a)
The developer shall furnish a performance guarantee in favor
of the Borough in an amount not to exceed 120% of the cost of installation
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 Borough Engineer based on documented construction costs for
public improvements prevailing in the general area of the Borough,
for the following improvements as shown on the approved plans or plat:
streets, pavement, gutters, curbs, sidewalks, streetlighting, street
trees, surveyor's monuments as shown on the final map as required
by the Map Filing Law, (N.J.S.A. 46:23-9.9 et seq.: repealed by Section
2 of Chapter 217 of the Public Laws of 2011), or N.J.S.A. 46:26B-1
through N.J.S.A. 46:26B-8, water mains, sanitary sewers, community
septic systems, drainage structures, public improvements of open space,
and any grading necessitated by the preceding improvements.
(b)
The Borough Engineers 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.
(c)
Upon the recommendation of the Planning Board or Zoning Board
of Adjustment Engineer, in consultation with the Board Planner, the
approving authority may require as a condition of approval, that the
performance guarantee include as a line item privately owned perimeter
buffer landscaping within an approved phase or section of a development.
The developer may elect to post a separate performance guarantee for
the privately owned perimeter buffer landscaping.
(2)
Safety and stabilization guarantee.
(a)
A developer shall furnish to the Borough a safety and stabilization
guarantee, which at the developer's option may be furnished either
as a separate guarantee or as a line item of the performance guarantee.
The safety and stabilization guarantee shall be available to the Borough
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 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 as not recommenced within 30 days
following the provision of written notice by the Borough to the developer
of the Borough's intent to claim payment under the guarantee. The
Borough shall not provide notice of the 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 Borough shall provide written
notice to the developer by certified mail or other form of delivery
providing evidence of receipt.
(b)
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000. The amount of the guarantee for a development with bonded
improvements exceeding $100,000 shall be calculated as a percentage
of the bonded improvement costs of the development or phase of the
development as follows: $5,000 for the first $100,000 of bonded improvement
costs, plus 2.5% of bonded improvement costs in excess of $100,000
up to $1,000,000, plus 1% of bonded improvement costs in excess of
$1,000,000.
(c)
The Borough shall release a separate safety and stabilization
guarantee to a developer upon the developer's furnishing of a performance
guarantee which includes a line item for safety and stabilization
in the amount required above.
(d)
The Borough shall release a safety and stabilization guarantee
upon the Borough Engineer's determination that the development of
the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety.
(3)
Temporary certificate of occupancy guarantee.
(a)
A developer seeking a temporary certificate of occupancy for
a development unit, lot, building or phase of development, as a condition
of issuance, shall furnish a temporary certificate of occupancy guarantee,
in favor of the Borough 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 a permanent certificate of
occupancy for the development unit, lot, building or phase of development
and which are not covered by the existing performance guarantee. Upon
posting a temporary certificate of occupancy guarantee, all sums remaining
under the 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
amount of the temporary certificate of occupancy shall be determined
by the Borough Engineer, in consultation with the Borough Code official.
At no time may the Borough hold more than one guarantee or bond of
any type with respect to the same line item. The temporary certificate
of occupancy guarantee shall be released at the direction of the Borough
Council 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.
(4)
Maintenance guarantee.
(a)
The developer shall post with the Borough, prior to the release
of the performance guarantee, a maintenance guarantee in an amount
not to exceed 15% of the cost of the installation of the improvements
which are being released.
(b)
The developer shall also post with the Borough, upon the inspection
and issuance of final approval of the following private site improvements
by the Borough Engineer, a maintenance guarantee in an amount not
to exceed 15% of the cost of the installation of the following private
site improvements: stormwater management basins, in-flow and water
quality structures with basins, and the out-flow pipes and structures
of the stormwater management system, if any, which cost shall be determined
by the Borough Engineer according to documented construction for costs
for public improvements prevailing in the general area of the Township.
(c)
The term of the maintenance guarantee shall be for a period
not to exceed two years and shall expire automatically at the end
of the term.
B.
Other governmental agencies/public utilities. In the event that other
governmental agencies or public utilities automatically will own the
utilities to be installed or the improvements are covered by a performance
or maintenance guarantee to another governmental agency, no performance
or maintenance guarantee shall be required by the Borough for such
utilities or improvements.
C.
Extensions to complete bonded improvements. The time allowed for
installation of the bonded improvements may be extended by resolution
of the Borough Council. As a condition or as part of any such extension,
the amount of any performance guarantee shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
the installation, which cost shall be determined by the Borough Engineer
according to documented construction costs for public improvements
in the Borough as of the time of the passage of the resolution.
D.
Failure to complete or correct bonded improvements. If the required
bonded improvements are not completed or corrected in accordance with
the performance guarantee, the obligor and surety, if any, shall be
liable to the Borough for the reasonable cost of the improvements
not completed or corrected and the Borough may either prior to or
after the receipt of the proceeds complete the improvements in accordance
with the public bidding requirements of N.J.S.A. 40A:11-1 et seq.
E.
Substantial completion/release of performance guarantee.
(1)
Upon substantial completion of all required street improvements,
other than the top course, and appurtenant utility improvements and
their connection to the Borough's utility system, the obligor may
request of the Borough Council in writing, sent by certified mail
addressed in care of the Borough Clerk, with a copy to the Borough
Engineer, that the Borough Engineer prepare, in accordance with the
itemized cost estimate appended to the performance guarantee, a list
of all uncompleted or unsatisfactorily completed bonded improvements.
The request shall indicate which bonded improvements have been completed
and which bonded improvements remain uncompleted in the judgment of
the obligor. The Borough Engineer shall inspect all bonded improvements
covered by the obligor's request and shall file with the Borough Council
a detailed written list and report, and shall simultaneously send
a copy to the obligor not later than 45 days after receipt of the
obligor's request.
(2)
The list prepared by the Borough Engineer shall state, in detail,
with respect to each bonded 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 bonded improvement
determined to be unsatisfactory. The report prepared by the Borough
Engineer shall identify each bonded improvement determined to be complete
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 bonded improvement, in accordance with
the itemized cost estimate appended to the performance guarantee.
(3)
The Borough Council, by resolution, shall either approve the bonded
improvements as determined complete and satisfactory by the Township
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
guarantee relating to the improvements accepted, in accordance with
the itemized cost estimate appended to the performance guarantee.
This resolution shall be adopted not later than 45 days after receipt
of the list and report prepared by the Borough Engineer. Upon the
Borough Council's adoption of the resolution, the obligor shall be
released from all liability pursuant to its performance guarantee,
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 40% of the amount
of the total performance guarantee posted may be retained to ensure
completion and acceptability of all improvements. The safety and stabilization
guarantee shall be reduced by the same percentage as the performance
guarantee is being reduced at the time of each performance guarantee
reduction.
(4)
For the purpose of releasing the obligor from liability pursuant
to its performance guarantee, the amount of the performance guarantee
attributable to each approved bonded improvement shall be reduced
by the total amount for each such improvement, in accordance with
the itemized cost estimate provided by the Borough Engineer and appended
to the performance guarantee, 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 guarantee,
then the Borough may retain 30% of the amount of the total performance
guarantee and safety and stabilization guarantee to ensure completion
and acceptability of bonded improvements, except that any amount of
the performance guarantee attributable to bonded improvements for
which a temporary certificate of occupancy guarantee has been posted
shall be released from the performance guarantee even if such release
would reduce the amount held by the municipality below 30%.
F.
Obligor remedies.
(1)
If the Borough Engineer fails to send or provide the list and report
as requested by the obligor within 45 days from receipt of the request,
the obligor may apply to the court in a summary manner for an order
compelling the Borough Engineer to provide the list and report within
a stated time and the cost of applying to the court, including reasonable
attorney's fees, may be awarded to the prevailing party.
(2)
If the Borough Council fails to approve or reject the bonded improvements
determined by the Borough 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 Borough Engineer's
list and report, the obligor may apply to the court in a summary manner
for an order compelling, within a stated time, approval of the complete
and satisfactory improvements and approval of a reduction in the performance
guarantee for the approvable complete and satisfactory improvements
in accordance with the itemized cost estimate prepared by the Borough
Engineer and appended to the performance guarantee; and the cost of
applying to the court, including reasonable attorney's fees may be
awarded to the prevailing party.
G.
Reduction of cash deposit. In the event that the obligor has made
a cash deposit with the Borough as part of the performance guarantee
then any partial reduction granted in the performance guarantee 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,
provided that if the developer has furnished a safety and stabilization
guarantee, the Borough may retain cash equal to the amount of the
remaining safety and stabilization guarantee.
H.
Completion or correction following rejection. If any portion of the
required bonded improvements is rejected, the Borough Council may
require the obligor to complete or correct such improvements and,
upon completion or correction, the same procedure of notification
shall be followed.
I.
Right of obligor to pursue legal remedies. 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.
J.
Inspection fees.
(1)
The developer shall reimburse the Township for reasonable inspection
fees paid to the Borough Engineer for the inspection of improvements.
Inspection fees shall be posted in escrow and shall not exceed, except
for extraordinary circumstances, the greater of $500 or 5% of the
cost of bonded improvements that are subject to a performance guarantee,
and not to exceed 5% of the cost of private site improvements that
are not subject to a performance guarantee, which costs shall be determined
based upon documented construction costs for public improvements prevailing
in the general area of the Borough.
(2)
For those developments for which the inspection fees total less than
$10,000, fees may, at the option of the developer, be paid in two
installments. The initial amount deposited in escrow shall be 50%
of the inspection fees. When the balance on deposit drops to 10% of
the inspection fees because the amount deposited by the developer
has been reduced by the amount paid to the Borough Engineer for inspections,
the developer shall deposit the remaining 50% of the inspection fees.
(3)
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow shall be 25%
of the inspection fees. When the balance on deposit drops to 10% of
the inspection fees because the amount deposited by the developer
has been reduced by the amount paid to the Borough Engineer for inspections,
the developer shall make additional deposits of 25% of the inspection
fees.
(4)
If the Borough Engineer determines that the amount in escrow for
the payment of inspection fees is insufficient to cover the cost of
additional required inspections, the Borough Council may require the
developer to deposit additional funds in escrow by delivering to the
developer a written inspection escrow deposit request, signed by the
Borough Engineer. The inspection escrow deposit request shall inform
the developer of the need for additional inspections, detail the items
or undertakings that require inspection, estimate the time required
for those inspections, and estimate the cost of performing those inspections.
K.
Development in stages or sections. In the event that final approval
is by stages or sections of development, guarantees shall be applied
by stage or section.
L.
Effect of dedication of improvements. To the extent that any of the
improvements have been dedicated to the Borough on the subdivision
plat or site plan, the Borough Council shall be deemed, upon the release
of any performance guarantee to have accepted dedication for public
use of streets or roads and any other improvements made thereon 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 Borough Engineer.
M.
Types of guarantees. A performance guarantee may be any security
which may be accepted by a municipality, including but not limited
to surety bonds, cash and letters of credit provided that the letter
of credit constitutes an unconditional payment obligation of the issuer
running solely to the Borough for an express period of time for the
amount determined in accordance with this chapter; is issued by a
banking or savings institution authorized to do and doing business
in New Jersey; is for a period of at least one year, and permits the
Borough to draw upon the letter of credit if the obligor fails to
furnish another letter of credit no less than 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.
No final plat shall be approved unconditionally
by the Board until the satisfactory completion and performance of
all such required improvements have been certified to the Board by
the Borough Engineer, unless the owner shall have filed with the municipality
a performance guaranty sufficient in amount to cover the cost of all
such improvements in uncompleted portions thereof as estimated by
the Borough Engineer and assuring the installation of such uncompleted
improvements on or before an agreed-upon date.
A.
A performance guaranty estimate shall be prepared
by the Borough Engineer, setting forth all requirements for improvements
as fixed by the Board and their estimated cost. The estimated cost
of the installation of improvements determined by the Borough Engineer
shall be based on documented construction costs for public improvements
prevailing in the general area of the Borough. The developer may appeal
the Borough Engineer's estimate to the Borough Council. The Borough
Council shall decide the appeal within 45 days of receipt of the appeal,
in writing, by the Borough Clerk. After the developer posts a guaranty
with the Borough based on the cost of the installation of improvements
as determined by the Borough Council, he may institute legal action
within one year of the posting in order to preserve the right to a
judicial determination as to the fairness and reasonableness of the
amount of the guaranty.
B.
The approved performance guaranty estimate shall fix
the requirements of maintenance of the utilities and improvements
to be installed and completed by the developer. A surety company or
cash bond meeting the requirements hereinabove set forth may be furnished
to secure the maintenance guaranty or the performance bond may be
styled or amended to provide such security in reduced amount in keeping
with the requirements.
A.
The applicant shall present two copies of the performance
guaranty in an amount equal to the amount of the approved performance
guaranty estimate for approval as to form and execution by the Borough
Solicitor.
B.
The Borough Solicitor shall notify the Secretary of
the Board prior to the Board meeting that the performance guaranty
is properly executed and can be placed on the agenda.
A.
The performance guaranty shall be the approved performance
guaranty estimate and as surety a performance bond in which the applicant
shall be principal, the bond to be provided by an acceptable surety
company licensed to do business in the State of New Jersey, an irrevocable
letter of credit drawn on a banking or savings-and-loan institution
located in and licensed to do business in the State of New Jersey
or such other form of security as may be approved by the Borough Solicitor
or cash or a certified check, shall be deposited with the Borough
of Gibbsboro by payment to the Borough Treasurer. The performance
guaranty in favor of the Borough shall be in an amount not to exceed
120% of the cost of the installation and improvements. The Borough
Treasurer shall issue its receipt for such cash deposits and shall
cause the same to be deposited in a bank named by the Borough for
this purpose to be retained as security for completion of all requirements
and to be returned to the developer on completion of all required
work and expiration of the period of maintenance guaranty or, in the
event of default on the part of the subdivider, to be used by the
Borough of Gibbsboro to pay the cost and expense of obtaining completion
of all requirements. Every bond, whether cash or surety, shall contain
a clause to the effect that the obligation shall remain in full force
and effect until such time as certification is received from the Borough
Engineer that the principal has met and complied with all specifications
and requirements for which said cash or surety bond has been posted.
B.
10% of the amount of the approved performance guaranty
estimates shall be deposited with the Borough by the applicant in
cash. The remaining 90% may be in cash, surety bond or other securities
or guaranties approved by the Borough Solicitor. In the event of default,
the ten-percent fluid herein mentioned shall be first applied to the
completion of the requirements and the cash or the surety shall thereafter
be resorted to, if necessary, for the completion of the requirements.
The cash or surety may recite the foregoing provisions. The Borough
Engineer's determination that the principal has defaulted in his obligation
shall be binding and conclusive upon the principal.
C.
Irrevocable letters of credit shall include, but not
be limited to, the following provisions:
(1)
An unconditional payment obligation of the issuer
running solely to the Borough for an express initial period of time
in the amount determined pursuant to N.J.S.A. 40:55D-53.
(2)
Is for a period of time of at least two years.
(3)
Permits the Borough to draw upon the letter of credit
if the developer fails to furnish another letter of credit which complies
with the provisions of this subsection 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.
A.
All improvements and utility installations shall be
inspected during the time of their installation under the supervision
of the Borough Engineer to ensure satisfactory completion. The cost
of said inspection shall be the responsibility of the applicant, and
he shall deposit with the Borough Treasurer for placement in a trust
fund account a sum equal to 5% of the amount of the performance guaranty
estimate of the cost of public improvements to be built in the subdivision
or site development to be applied to the payment of inspection costs.
If inspection costs exceed such fund, the developer shall deposit
with the Borough Treasurer additional sums upon notice from the Borough
Engineer. The inspection fee shall in no case be less than $500. The
Borough Treasurer shall return any balance of the inspection deposit
to the developer upon expiration of the maintenance bond, together
with the paid invoices for all expenses charged.
B.
In no case shall any paving work be done without permission
from the Borough Engineer's office. At least two days' notice shall
be given to the Borough Engineer's office prior to any such construction
so that he or a qualified representative may be present at the time
the work is to be done.
C.
The Borough Engineer's office shall be notified after
each of the following phases of the work has been completed so that
he or a qualified representative may inspect the:
D.
A final inspection of all improvements and utilities
will be done by the Borough Engineer to determine whether the work
is satisfactory and in agreement with the approved final plat drawings
and the Borough specifications. The general condition of the site
shall also be considered. Upon a satisfactory final inspection report,
action will be taken to release or declare in default the performance
guaranty covering such improvements and utilities.
E.
Inspection by the Borough of the installation of improvements
and utilities by the applicant shall not subject the Borough to liability
for claims, suits or any other liability of any kind that may at any
time arise because of defects or negligence during construction or
at any time thereafter; it is recognized that the responsibility to
maintain safe conditions at all times during construction and to provide
proper utilities and improvements is upon the applicant and his contractors,
if any.
A.
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of the same to the public system, the developer may request of the governing body in writing, by certified mail addressed in care of the Borough Clerk, that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guaranty pursuant to § 324-14, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the developer shall send a copy of the request to the Borough Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the developer. Thereupon the Borough Engineer shall inspect all improvements covered by the developer'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 developer not later than 45 days after receipt of the developer's request.
B.
The list prepared by the Borough 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 Borough Engineer shall identify each improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guaranty pursuant to § 324-18A.
C.
The Borough Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Borough 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 guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guaranty pursuant to § 324-18A. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Borough Engineer. Upon adoption of the resolution by the Borough Council, the developer shall be released from all liability pursuant to its performance guaranty, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion and acceptability of all improvements.
D.
Remedies.
(1)
If the Borough Engineer fails to send or provide the list and report as requested by the developer pursuant to § 324-18A within 45 days from receipt of the request, the developer may apply to the court in a summary manner for an order compelling the Borough Engineer to provide the list and report within a stated time; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(2)
If the Borough Council fails to approve or reject the improvements determined by the Borough Engineer to be complete and satisfactory or reduce the performance guaranty for the complete and satisfactory improvements within 45 days from the receipt of the Borough Engineer's list and report, the developer may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guaranty for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guaranty pursuant to § 324-18A; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
E.
In the event that the developer has made a cash deposit
with the Borough or approving authority as part of the performance
guaranty, then any partial reduction granted in the performance guaranty
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 guaranty.
F.
If any portion of the required improvements is rejected,
the approving authority may require the 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.
G.
Nothing herein, however, shall be construed to limit
the right of the developer to contest by legal proceedings any determination
of the Borough Council or the Borough Engineer.
H.
The developer shall reimburse the municipality for
all reasonable inspection fees paid to the Borough Engineer for the
foregoing inspection of improvements, provided that the Borough of
Gibbsboro may require of the developer a deposit for a portion of
the reasonably anticipated fees to be paid for such inspection. The
initial deposit made by a developer shall not exceed 25% of the reasonably
anticipated inspection fees unless the developer offers to pay an
additional deposit amount. The developer shall be required to maintain
the deposit at not less than 10% of the balance of the anticipated
inspection fees as that balance is adjusted from time to time by the
amount paid to the Borough Engineer for inspection. For those developments
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. When 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 Borough 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. When 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 Borough Engineer for inspection, the developer shall make
additional deposits of 25% of the reasonably anticipated fees. The
Borough Engineer shall not perform any inspection if sufficient funds
to pay for those inspections are not on deposit.
I.
In the event that final approval is by stages or sections
of development pursuant to N.J.S.A. 40:55D-38, the provisions of this
section shall be applied by stage or section.
The approval of any plat under this article
by the approving Board or Borough Council, or both, shall in no way
be construed as acceptance of any street or drainage system or any
other improvement required by this chapter, nor shall such plat approval
obligate the Borough in any way to maintain or exercise jurisdiction
over such street or drainage system or other improvement. No improvement
shall be accepted by the Borough Council unless and until all of the
following conditions have been met.
A.
The Borough Engineer shall have certified in writing
that the improvements are complete and that they comply with the requirements
of this chapter.
B.
The final plat shall have been approved by the Board.
C.
Maintenance guaranty.
(1)
After final acceptance of all improvements, the developer
shall have filed with the Borough Council a maintenance guaranty in
an amount equal to not more than 15% of the original estimate of the
cost of installing the improvements and shall run for a period not
exceeding two years. The procedures and requirements governing such
maintenance guaranty shall be identical with the procedures and requirements
for a performance guaranty set forth in this article. The requirements
for a maintenance guaranty may be waived by the Borough Council only
if the Borough Engineer has certified that the improvements have been
in continuous use for not less than two years from the date the Borough
Engineer certified completion of such improvements and that during
this period the developer has maintained the improvements in a satisfactory
manner.
(2)
In the event that any other Borough or governmental
agencies or public utilities automatically will own the utilities
to be installed or the improvements are covered by a performance or
maintenance guaranty to another municipal or governmental agency,
no performance or maintenance guaranty, as the case may be, shall
be required by the Borough for such utilities or improvements.
Occupancy permits will be issued only when the installation of any curbs, all utilities, all functioning water supply and sewage treatment facilities, all necessary storm drainage to ensure proper drainage of the lot and surrounding land, rough grading of lots, final course for the driveway and final course for the streets, unless formally waived by the Borough Council, are installed to serve the lot and structure for which the permit is requested. Streets, if installed prior to final approval, shall not be paved until all heavy construction is complete; shade trees shall not be planted until all grading and earthmoving is completed; and seeding of grass areas shall be the last operation. The issuance of a certificate of occupancy will follow the procedures outlined in this chapter and Chapter 125, Construction Codes, Uniform.[1] A separate certificate of occupancy shall also be required
when any change occurs in the use or occupancy of an existing structure.
