[Amended 10-19-1978 by Ord. No. 10-78]
Prior to the granting of final approval, the applicant shall have complied with or shall have furnished performance guaranties for the ultimate compliance with the following:
A. 
Streets, conforming to the conditions laid down in the ordinance relating to the acceptance of streets, roads, highways and thoroughfares and the construction thereof.[1]
[1]
Editor's Note: See Ch. 173, Streets and Sidewalks.
B. 
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 cover the clear areas of the subdivision and shall be stabilized by seeding or planting.
C. 
Monuments. Monuments shall be installed in accordance with applicable municipal, county and state laws or regulations.
D. 
Water systems, culverts, storm sewers and sanitary sewers or systems and dry sewers and fire protection. All installations of water systems and dry sewers shall be properly connected with an approved system and shall be adequate to handle all present and probable future development or, in the case of dry sewers, capable of being connected with a public sewage disposal system should one become available. Fire protection shall be adequate to handle all present and probable future development.
[Amended 6-19-1986 by Ord. No. 8-86; 6-20-1991 by Ord. No. 9-91]
E. 
Street signs shall conform to the existing Street Signs Ordinance of the Borough[2] and shall be placed at each street intersection.
[2]
Editor's Note: See Ch. 173, Art. IV.
F. 
Soil erosion and sediment control measures. All construction grading shall be done in such a manner as to prevent the erosion of soil or the collection of sediment and shall conform to the applicant's soil erosion and sediment control plan as filed with and approved by the Borough of Kinnelon Construction Official.
[Amended 5-18-1978 by Ord. No. 3-78]
G. 
The applicant shall not disturb the land prior to being granted a valid land disturbance permit by the Borough of Kinnelon Construction Official, which permit shall be granted only after compliance with the provisions of the Borough of Kinnelon Soil Erosion and Sediment Control Ordinance.
[Amended 5-18-1978 by Ord. No. 3-78]
H. 
The removal of any tree over four inches in diameter must be approved by the Planning Board. Soil removal and/or backfilling shall not be permitted within six feet of any tree not approved for removal, unless brick or stone retaining wells are constructed in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey, prepared by the New Jersey Soil Conservation Committee, as per the latest edition.
I. 
Existing natural streams and watercourses which traverse the subdivision shall not be encroached upon or altered unless approved by the New Jersey Water Policy and Supply Council and then only at the discretion of the Planning Board. If the encroachment does not fall under the jurisdiction of the New Jersey Water Policy and Supply Council, approval shall be subject to the discretion of the Planning Board.
A. 
Prior to the granting of final approval, the applicant may be required to install or be required to furnish a performance guaranty for the ultimate installation of shade trees, streetlighting, curbs, gutters and sidewalks and adequate provision for off-street parking, guardrails, park and playground areas and fire alarm and protection systems.
B. 
If the location of the subdivision is in an area subject to flooding, an area having slopes greater than 15% or in other critical areas in the opinion of the Planning Board, an environmental assessment is required before consideration by the Planning Board. The environmental assessment must contain a description and analysis of all possible direct and indirect effects development will have on the site itself, as well as adjacent and noncontiguous areas, with particular reference to the effect of the project on the public safety, health and welfare, the protection of public and private property and the protection, preservation and enhancement of the natural environment. The environmental assessment shall be prepared in accordance with the series of guidelines adopted by the Planning Board.
[Added 6-20-1991 by Ord. No. 9-91]
A. 
The initiation of construction or installation of improvements shall be a condition for the issuance of construction permits for designated model buildings, which shall number the lesser of six units or 10% of the total number of units.
B. 
Eligibility for additional construction permits shall be conditioned on the certification of the Borough Engineer that all improvements have been satisfactorily completed, with the exception of:
(1) 
The final bituminous street surface course;
(2) 
Dry wells and swales, as may be required;
(3) 
Monuments; and
(4) 
Shade trees.
[Amended 5-18-1978 by Ord. No. 3-78]
The granting of final approval will be conditioned upon an agreement entered into between the applicant and the Borough of Kinnelon by which the applicant agrees to comply with the terms and conditions of final approval.
[Amended 12-21-1989 by Ord. No. 21-89; 12-19-1991 by Ord. No. 21-91]
A. 
No final plat shall be approved by the Planning Board until the completion of all such required improvements has been certified to the Mayor and Council by the Borough Engineer and the local Board of Health, unless the applicant shall have filed with the Borough a performance guaranty, as hereinafter defined, sufficient in amount to cover up to 120% of the cost of all such improvements or uncompleted portions thereof, as determined by the Borough Engineer according to the method of calculation set forth in Subsection C below, and assuring the installation of such uncompleted improvements on or before an agreed date.
B. 
The performance guaranty shall be approved by the Borough Attorney as to form, sufficiency and execution. An irrevocable letter of credit meeting the following criteria may be provided as a performance guaranty or maintenance guaranty if it:
(1) 
Constitutes an unconditional payment obligation of the issuer running solely to the Borough for an express initial period of time in the amount determined by the Borough Engineer;
(2) 
Is issued by a banking or savings institution authorized to do and doing business in this state;
(3) 
Is for a period of time of at least one year; and
(4) 
Permits the Borough to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this section 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.
C. 
The cost of the installation of improvements for determining the amount to be covered by the performance guaranty shall be estimated by the Borough Engineer based on documented construction costs for public improvements prevailing in the general area. An itemized cost estimate of the improvements covered by the performance guaranty shall be appended to each performance guaranty posted by the developer.
D. 
If the required improvements have not been installed in accordance with the performance guaranty and the developer's agreement with the Borough of Kinnelon, the developer and the surety 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 receipt of the proceeds, complete such improvements. Such completion or correction of improvements shall be subject to the bidding requirements of the Local Public Contracts Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
E. 
List of improvements.
(1) 
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 Borough Council, in writing, by certified mail addressed to the Borough Clerk, with a copy to the Borough Engineer, that the Borough Engineer prepare, in accordance with the itemized cost estimate previously prepared and appended to the performance guaranty, a list of all uncompleted or unsatisfactorily completed improvements. Thereafter 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 Borough Council and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the developer's request.
(2) 
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.
F. 
Resolution of approval or rejection.
(1) 
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 previously prepared by the Borough Engineer and appended to the performance guaranty. The resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Borough Engineer.
(2) 
Upon adoption of the resolution by the governing body, the developer shall be released from all liability pursuant to the 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.
G. 
In the event that the obligor has made a cash deposit with the Borough as part of the performance guaranty, then any partial reduction granted in the performance guaranty pursuant to this section 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.
H. 
The developer shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements, as set forth in § 47-31E.
[Amended 12-19-1991 by Ord. No. 21-91]
The applicant shall also agree to furnish a maintenance guaranty in an amount not to exceed 15% of the cost of the improvements, calculated in the manner set forth in § 176-16C of this chapter, which shall be conditioned upon guaranteeing the above-mentioned improvements against defects of workmanship and materials for a period of two years from the date of their acceptance by the Borough or, in the case of a soil erosion and sediment control plan, for two years after compliance with the plan.