As a condition of site plan approval, the Planning
Board or the Zoning Board of Adjustment may require that the applicant
install certain improvements on the site, consistent with the design
standards of this chapter, to ensure:
A.
Adequate vehicular and pedestrian circulation to accommodate
prospective traffic into and out of land within the site.
B.
Adequate off-street parking and loading areas.
C.
Adequate water supply, drainage, shade trees, sewerage
facilities and other utilities necessary for essential services to
residents and occupants.
D.
Adequate landscaping and any screening necessary to
protect adjoining uses.
The Borough Council may require a developer,
as a condition of site plan approval, 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 site plan but necessitated
or required by construction or improvements within such site plan.
Such requirements shall be based on circulation and comprehensive
utility service plans and shall represent the applicant's pro rata
share represented by his development compared to the total area served
by the improvement. 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.
The Borough Council may accept a dedication
of land for street widening or other public purposes if offered by
the developer and if it will result in a better designed site plan.
A.
Before approval of final site plans, the approving
authority may require and shall accept in accordance with the standards
adopted by chapter for the purpose of assuring the installation and
maintenance of on-tract improvements:
(1)
The furnishing of a performance guaranty in favor
of the Borough in an amount not to exceed 120% of the cost of installation
for improvements it may deem necessary or appropriate, including streets,
grading, pavements, water mains, stormwater drains, sanitary sewers,
catch basins, dry wells, cleanouts, gutters, curbs, sidewalks, streetlighting,
shade trees, landscaping, surveyor's monuments and fire hydrants as
shown on the final map and required by the Map Filing Law, P.L. 1960,
c. 141 (N.J.S.A. 46:23-9.9 et seq.); water mains; culverts; storm
sewers; sanitary sewers or other means of sewage disposal; drainage
structures; erosion control and sedimentation control devices; and
public improvements of open space. Performance guaranties required
by this chapter shall run for the period specified by the Borough
Council but in no case for a term of more than three years.
(2)
Provision for a maintenance guaranty to be posted
with the Borough Council 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 if the improvements are covered by a performance
or maintenance guaranty to another governmental agency, no performance
or maintenance guaranty, as the case may be, may be required by the
municipality for such utilities or improvements.
B.
The amount of any performance guaranty may be reduced
by the Borough Council 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 said body
by resolution.
C.
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.
D.
When all of the required improvements have been completed,
the obligor shall notify the Borough Council 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 Borough Council,
indicating either approval, partial approval or rejection of the improvements
with a statement of the reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
E.
The Borough Council 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 its performance guaranty, except for that
portion adequately sufficient to secure provision of the improvements
not yet approved. Failure of the Borough Council 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.
F.
If any portion of the required improvements is 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.
G.
Nothing herein, however, shall be construed to limit
the right of the obligor 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 the improvements.