A.
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, on site or on tract:
(1)
Streets.
(2)
Street signs.
(3)
Curbs and/or gutters.
(4)
Sidewalks.
(5)
Streetlighting.
(7)
Topsoil protection. No topsoil shall be removed from
the site or used as spoil. Topsoil moved during the course of construction
shall be redistributed so as to provide a minimum of six inches of uniform
cover to all areas of the subdivision. The surface soil shall be stabilized
by perennial grass or appropriate vegetation so as to remain in place and
reduce erosion and consequent interference with drainage channels or outlets.
(8)
Monuments shall be of the size and shape required by
N.J.S.A. 46:23-9.11 and shall be placed in accordance with that section. An
escrow amount of $250 per monument shall be deposited with the Borough of
Cresskill to assure proper placement. The bond shall be refunded after approval
by the Borough Engineer.
[Amended 2-19-1985 by Ord.
No. 85-4-894; 1-1-1989 by Ord.
No. 88-26-1003]
(9)
Iron pipe of suitable size and extending to a depth of
36 inches shall be placed at all lot corners as markers, except where monuments
are located. Such markers shall be placed after all rough grading has been
completed and prior to any application to the Board of Health for permits
to install individual sewage disposal systems.
(10)
Water mains, culverts, storm sewers and sanitary sewers.
All such installation shall be properly connected with an approved system
and shall be adequate to handle all present and probable future development.
(11)
In Sanitation Classes S-2 and S-3 cases, the Planning
Board shall require sanitary sewer installations, in addition to individual
sewage disposal units, for future connection with sewerage trunk lines in
the Borough.
B.
All of the above-listed improvements shall be subject
to inspection and approval by the Borough Engineer, who shall be notified
by the subdivider at least 24 hours prior to the start of construction. No
underground installation shall be covered until inspected and approved.
A.
No final plat shall be approved by the Planning Board
until the completion of all such required improvements has been certified
to the Planning Board by the Borough Engineer, unless the subdivision owner
shall have filed with the Borough a performance guaranty sufficient in amount
to cover the cost of all such improvements or uncompleted portions thereof,
as estimated by the Borough Engineer, and assuring the installation of such
uncompleted improvements on or before an agreed date. 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 Mayor and Council, or of a certified check,
returnable to the subdivider after full compliance, or any other type of surety
approved by the Borough Attorney.
B.
The performance guaranty shall be approved by the Borough
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 five years. However, with the consent of the owner and
the surety, if there be one, the Mayor and Council 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
Mayor and Council by resolution when portions of the required improvements
have been installed and approved by the Borough Engineer.
C.
In all cases where the Borough Council accepts part of
the improvements or rejects portions of said improvements, it shall inform
the obligor, by certified mail, within 65 days of the obligor's notice that
he has completed the improvements.
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.
Following acceptance by the Borough of all or portions of the improvements,
a maintenance guaranty shall be posted with the Borough Council for a period
not to exceed two years after final acceptance of said improvements, in an
amount not to exceed 15% of the cost of the improvement.
[Amended 4-21-1981 by Ord.
No. 81-6-787]
No certificate of occupancy shall be issued until:
A.
The Borough Engineer certifies that the improvements
applicable to the particular building have been completed and that the lot
has been graded and otherwise improved in accordance with the site plan.
B.
The Building Inspector certifies that suitable provisions
have been made to protect the foundations, walls and basements of dwelling
houses from water seepage and leakage into the same.
D.
The Planning Board certifies that all improvements not
otherwise inspected by any other municipal employee or official have been
completed in accordance with the site plan requirements.
E.
The Borough Clerk certifies that there are no outstanding
fees, penalties or assessments relating to the subject property.
F.
Each municipal subcode official certifies that the building
is in compliance with all applicable municipal ordinances, state codes and
statutes and with all occupational codes and standards within each subcode
official's area of expertise.[1]
[1]
Editor's Note: Former § 134-42, Certificate of occupancy;
certification by Building Inspector, which immediately followed this section,
was repealed 4-21-1981 by Ord. No. 81-6-787.
