As a condition of final site plan approval the
Planning Board may require and shall accept, in accordance with the
standards adopted herein, for the purpose of assuring the installation
and maintenance of on-tract improvements:
A. The furnishing of a performance guaranty in favor
of the Borough, in an amount not to exceed the cost of installation
for improvements, including 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, landscaping and other
on-site improvements.
B. Provision for a maintenance guaranty to be posted
with the governing body for a period not to exceed two years after
final acceptance of the improvement, in an amount not to exceed 15%
of the cost of the improvement. In the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed or that the improvements are covered by a performance
or maintenance guaranty to another governmental agency, no performance
or maintenance guaranty, as the case may be, shall be required by
the Borough for such utilities or improvements.
C. The amount of any performance guaranty may be reduced
by the governing body, by resolution, when portions of the improvements
have been certified by the Borough Engineer to have been completed.
The time allowed for installation of the improvements for which the
performance guaranty has been provided may be extended by the governing
body by resolution.
D. If the required improvements are not completed or
corrected in accordance with the performance guaranty, the obligor
and surety, if any, shall be liable thereon 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
thereof complete such improvements.
E. When all of the required improvements have been completed,
the obligor shall notify the governing body in writing, by certified
mail addressed in care of the Borough Clerk, of the completion of
said improvements and shall send a copy thereof to the Borough Engineer.
Thereupon the Borough Engineer shall inspect all of the improvements
and shall file a detailed report, in writing, with the governing body,
indicating either approval, partial approval or rejection of the improvements,
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
F. The governing body shall either approve, partially
approve or reject the improvements on the basis of the report of the
Borough Engineer and shall notify the obligor in writing, by certified
mail, of the contents of said report and the action of said approving
authority with relation thereto, not later than 65 days after receipt
of the notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to the performance guaranty, except for that
portion adequately sufficient to secure provision of the improvements
not yet approved. Failure of the governing body to send or provide
such notification to the obligor within 65 days shall be deemed to
constitute approval of the improvements, and the obligor and surety,
if any, shall be released from all liability pursuant to such performance
guaranty.
G. If any portion of the required improvements are 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.
H. 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 Borough Engineer.
I. The obligor shall reimburse the Borough for all reasonable
inspection fees paid to the Borough Engineer for the foregoing inspection
of improvements.
As a condition for approval of a site plan,
the Planning Board may require an applicant to pay his pro rata share
of the cost of providing reasonable and necessary street improvements
and water, sewerage and drainage facilities, and easements therefor,
located outside the property limits of the development but necessitated
or required by construction or improvements within such development.
Such improvements shall be based on the circulation and comprehensive
utility service plans of the Borough-adopted Master Plan as required
by N.J.S.A. 40:55D-42 and 40:55D-28. The proportionate or pro rata
amount of the cost of such facilities that shall be borne by each
developer or owner within a related and common area shall be computed
by the Borough Engineer or such other persons as requested by the
Planning Board according to the following formulas. Where a developer
pays the amount determined as his pro rata share under protest, he
shall institute legal action within one year of such payment in order
to preserve the right to a judicial determination as to the fairness
and reasonableness of such amount.