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 (complying with municipal specifications):
(2)
Street signs.
(3)
Curbs and/or gutters.
(4)
Sidewalks.
(5)
Streetlighting.
(6)
Shade trees, to be located on the street line so as not
to interfere with utilities or sidewalks and to be of one of the following
types: Norway maple, sugar maple, pin oak, buttonwood, locust.
(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 at least six inches of cover to all
areas of the subdivision and shall be stabilized by seeding or planting.
(8)
Monuments, to be of the size and shape required by Section
4 of Chapter 358 of the Laws of 1953 (N.J.S.A. 46:23-9.11) and to be placed
in accordance with said statute.
(9)
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.
B.
All of the above-listed improvements 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.
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 Municipal Engineer, unless the subdivision owner
shall have filed with the municipality a performance guaranty sufficient in
amount to cover the cost of all 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. 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.
B.
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 is 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.
C.
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.
The subdivider shall not commence any construction work until there
is first deposited by him with the Borough Clerk a sum estimated by the Borough
Engineer to be sufficient to cover total engineering fees for supervision,
inspection and approval of all improvements to be installed in the subdivision.
The amount of said sum shall be approved by Borough Council after the Engineer's
estimate has been received. This sum shall be held in escrow by the Borough
Clerk, and upon completion of all improvements the Clerk shall use said sum
to pay the bill of the Borough Engineer for his engineering services. If the
amount of the Borough Engineer's bill is less than the escrow amount,
the excess shall be returned to the subdivider. The subdivider shall furnish
the Borough Engineer, upon his request, with copies of plans and profiles
of all new streets and utility layouts.
No building permit for the erection of a building on a lot fronting
or abutting on a new street in a major subdivision shall be issued unless
and until the following requirements have been satisfied:
A.
The final plat of the subdivision shall have been filed
with the Clerk of Burlington County.
B.
Such new streets or street shall have been fully completed
and accepted by the Borough.
C.
The subdivider shall have filed with the Borough Clerk
an adequate maintenance guaranty to maintain said new street or streets for
a period of two years after the acceptance by the Borough, the amount thereof
to be approved by Borough Council on advice of the Borough Engineer and the
form thereof to be approved by the Borough Attorney.
