Prior to the granting of final approval, the
subdivider shall have installed or shall have furnished performance
guaranties for the ultimate installation of the following:
A.
Streets.
B.
Street signs.
C.
Curbs and/or gutters.
D.
Sidewalks.
E.
Streetlighting.
F.
Shade trees.
G.
Water mains, culverts, storm sewers and sanitary sewers.
All such installations shall be properly connected with an approved
system and shall be adequate to handle all present and probable future
development. All of the above-listed improvements must comply with
all local and county ordinances and/or resolutions and all state laws,
regulations and requirements and shall be subject to inspection and
approval by the Municipal Engineer, who shall be notified by the developer
at least 24 hours prior to the start of construction. No underground
installation shall be covered until inspected and approved by the
Municipal Engineer.
H.
Monuments shall be of the size and shape required
by Section 4 of Chapter 358 of the Laws of 1953[1] and shall be placed in accordance with said statute.
[1]
Editor's Note: Chapter 358 of the Laws of
1953 was repealed by Chapter 141 of the Laws of 1960. For current
provisions, see N.J.S.A. 46:23-9.10 et seq.
I.
Topsoil protection. No topsoil shall be used as spoil.
Existing topsoil moved during the course of construction shall be
redistributed so as to provide at least six inches of cover on all
unpaved areas of the subdivision and shall be stabilized by seeding
or planting.
A.
No final plat shall be approved by the Planning Board
until the completion of such required improvements has been certified
to the Planning Board by the Municipal Engineer, unless the subdivision
owner shall have filed with the municipality a performance guaranty
sufficient in amount to cover the cost of all such improvements or
uncompleted portions thereof as estimated by the Municipal Engineer,
and assuring the installation of such uncompleted improvements on
or before an agreed date.
B.
Such performance guaranty may be in the form of a
performance bond which shall be issued by a bonding or surety company
approved by the governing body, a certified check, returnable to the
subdivider after full compliance, or any other type of surety approved
by the Municipal Attorney.
C.
The performance guaranty shall be approved by the
Municipal Attorney as to form, sufficiency and execution. Such performance
guaranty shall run for a period to be fixed by the Planning Board,
but in no case for a term of more than three years. However, with
the consent of the owner and the surety, if there be one, the governing
body may, by resolution, extend the term of such performance guaranty
for an additional period not to exceed three years. The amount of
the performance guaranty may be reduced by the governing body by resolution
when portions of the required improvements have been installed.
D.
If the required improvements have not been installed
in accordance with the performance guaranty, the obligor and surety
shall be liable thereon to the municipality for the reasonable cost
of the improvements not installed and, upon receipt of the proceeds
thereof, the municipality shall install such improvements.
E.
After the
installation of all the required improvements, a maintenance bond
shall be posted with the governing body of the Borough. The maintenance
bond shall be with a surety company authorized to do business in the
state or other guarantee acceptable to the Borough for the maintenance
of all required improvements for a period of two years after the date
of installation of all such improvements. The amount of the bond or
other guarantee shall be 15% of the Borough Engineer's estimate of
the cost of the original construction of such improvements.
[Added 12-6-2011 by Ord. No. 13.11]
