[Amended 12-20-1989 by Ord. No. 1510]
Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guaranties in an amount fixed by the Borough Engineer and Board Attorney for the ultimate installation of the following:
Streets. All streets shall consist of a four-inch macadam base course with a three-inch bituminous penetration macadam surface course or a four-inch macadam base course with a two-inch-type modified penetration macadam intermediate course and one-and-one-half-inch-type SM bituminous concrete surface course and shall be subject to inspection and approval by the Borough Engineer.
Street signs. Street name signs shall be placed at all street intersections within or abutting the subdivision. Such signs shall be of a type approved by the Borough of Hawthorne and shall be placed in accordance with the standards of the Borough of Hawthorne.
Curbs. All curbs shall be constructed with dimensions of six inches by eight inches by 20 inches with Class B concrete having a mix of one part cement, one and 1.75 parts sand and three and 3.50 parts broken stone, three-fourths-inch size, and subject to inspection and approval by the Borough Engineer.
Sidewalks. All sidewalks shall be constructed with four-inch thickness, with the exception of sidewalks forming a portion of a driveway, which shall be of six-inch thickness, and shall be four-feet wide and made of Class C concrete, having a mix of one part cement, two parts sand and four parts broken stone, three-fourths-inch size, and subject to inspection and approval by the Borough Engineer.
Depressed curbs. Depressed curbs shall be a minimum of 12 feet in width and constructed of Class C concrete and subject to inspection and approval by the Borough Engineer.
Shade trees. Shade trees shall be at least two inches in diameter, placed 35 feet apart and located inside the street line so as not to interfere with utilities or sidewalks and shall be of one of the types approved by the Shade Tree Commission of the Borough of Hawthorne.
Topsoil protection. No topsoil shall be removed from the site. 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.
Monuments. Monuments shall be of the size and shape required by N.J.S.A. 46:23-9.11 or the Borough Engineer and shall be placed in accordance with said statute.
Water mains, culverts, storm sewers, sanitary sewers and all necessary appurtenances thereto. All such installations shall be properly connected with an approved system as determined by the Borough Engineer and shall be adequate to handle all present and probable future development and shall be in accordance with the standards and specifications of the Borough of Hawthorne and subject to inspection and approval by the Borough Engineer.
All of the above-listed improvements shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the developer at least 24 hours prior to the start of construction. All approvals by the Borough Engineer shall be required prior to commencement, and certificate bonds and maintenance bonds shall be posted with the Borough Clerk once approved by the Borough Attorney and Board Attorney. No underground installation shall be covered until inspected and approved.
No final plat shall be approved by the Planning Board until the completion of all such required improvements have 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 approved by the Planning Board and the Borough Attorney 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 Borough Attorney.
[Amended 12-20-1989 by Ord. No. 1510]
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 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. Upon the improvements being completed, installed and accepted by the Borough, the performance bond shall be released upon the posting of a maintenance bond in the amount of 50% of the performance bond, said bond to run for three years from the date of said posting.
If the required improvements have not been established in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the Borough for the reasonable cost of the improvements not installed, and, upon receipt of the proceeds thereof, the Borough shall install such improvements.