No street, highway or public way shall be improved
by any person, firm or corporation until permission shall have been
granted by resolution of the Mayor and Council upon formal application
in writing as herein provided, accompanied by three complete sets
of plans, maps, profiles and specifications for the project. It shall
be within the discretion of the Mayor and Council to refuse permission
to improve any street, highway or public way unless the same is proposed
to be fully improved by grading, the construction of sanitary sewer
mains and laterals, storm sewers and catch basins, gas and water mains
and laterals, curbs, sidewalks and pavement therein.
The plans, maps, profiles and specifications
shall be referred to the Borough Engineer, who shall submit his report
and recommendations to the Mayor and Council before approval is granted.
All construction work shall be done under the general supervision
of the Borough Engineer, and the applicant shall agree to pay his
supervision and inspection fees.
[Amended 4-18-2011 by Ord. No. 658]
The maps, plans and specifications shall indicate
surface contours of the surrounding land and shall make proper provision
for the drainage and runoff of rainfall and surface waters from such
lands and streets, indicating the place where the same will be eventually
deposited or discharged.
No permit shall be issued for the improvement
of any street unless and until adequate provisions are indicated on
the map or plans for the proper drainage thereof and disposition of
surface water therefrom.
The applicant shall, prior to the issuance of
a permit, enter into an agreement with the Borough setting forth his
entire undertaking in connection with the improvement. All legal charges
in connection with the preparation of the agreement and the approval
of the bond shall be paid by the applicant. The provisions of the
agreement shall be substantially as follows:
A.
That the applicant shall agree to construct the required
improvements in the street or streets.
B.
That the applicant shall furnish a bond of a surety
company authorized to do business in the State of New Jersey, in an
amount agreed upon by the Mayor and Council, to insure the installation
of the improvements and the performance of the agreement.
C.
That all work shall be done in a competent and workmanlike
manner within a specified period of time.
D.
That the applicant shall agree to comply with the
ordinances of the Borough and the laws of the State of New Jersey
in the performance of the work, and also shall agree to insure against
liability for injury or death by accident to his employees employed
upon the work herein provided for as required.
E.
That the applicant shall agree to maintain the improvement
for a period of one year after completion and acceptance thereof by
the Borough and to repair or rectify all defects, sinking, wear and
tear, washouts or any other condition detrimental to such streets
during that period.
No street shall be deemed accepted by the Borough
until it has been completely and fully improved as provided for herein
and accepted by ordinance.
A.
The Borough Engineer shall make a final inspection
of completed streets immediately upon being notified by the developer
of their completion and shall report his findings in writing to the
Mayor and Council.
B.
The approval of the construction shall be by resolution
of the Mayor and Council.
C.
After approval as above set forth, the developer shall
deposit with the Borough an amount sufficient to defray the costs
of drawing, publishing and recording the ordinance accepting the street
or improvement.
D.
The Mayor and Council shall, upon being satisfied
that all of the prerequisites herein provided have been met, introduce
an acceptance ordinance.
E.
The passage of an acceptance ordinance shall not in
any way be deemed to release the developer from any of the provisions
of his contract or from the obligations of his bonds.
