Prior to the signing and sealing of the final plat, the applicant
shall have posted performance and maintenance guarantees with the
City Clerk for the ultimate installation of on-tract and off-tract
improvements, as approved by the Planning Board, and designed in accordance
with the standards hereinafter set forth, except as specifically waived
or modified by the Planning Board's resolution granting final
approval. The subdivider shall have furnished guarantees for the ultimate
installation of the following:
F. Shade trees, to be located on the street line so as not to interfere
with utilities or sidewalks, and shall be of one of the following
types: maple, or such other type as shall be approved by the Planning
Board.
G. 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.
H. Monuments, to be of the size and shape required by N.J.S.A. 46:23-9.11,
and shall be placed in accordance with such statute.
I. Water mains, culverts, storm sewers and sanitary sewers shall be
properly connected with an approved system and shall be adequate to
handle all present and probable future developments.
All of the above-listed improvements shall be subject to inspection
and approval by the Municipal Engineer at least 24 hours prior to
the start of construction. No underground installation shall be covered
until inspected and approved.
[Amended 3-21-2006]
As a condition of preliminary approval and prior to any construction
or the filing of an application for final approval of a subdivision
or a site plan, the applicant shall have posted a performance guaranty
or, with the consent of the City, installed or paid for any required
off-tract improvements in the manner provided below.
[Added 3-21-2006]
The cost of the installation of the required off-tract improvements
shall be determined by the Board with the advice of the City Engineer
and appropriate City agencies.
[Added 3-21-2006]
When the manner of construction has been determined, the applicant
may be required to provide a cash deposit to the City of one of following
amounts:
A. If the improvement is to be constructed by the City as a general
improvement, an amount equal to the difference between the estimated
cost of the improvement and the estimated total amount, if less, by
which all properties to be serviced thereby, including the subject
property, will be specifically benefited by the off-tract improvement.
B. If the improvement is to be constructed by the City as a local improvement, then, in addition to the amount referred to in Subsection
A above, the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.
C. If the improvement is to be constructed by the applicant, an amount
equal to the estimated cost of the off-tract improvements, less an
offset for benefits to properties other than the subject property.
[Added 3-21-2006]
Upon receipt from the applicant of its allocated share of the
costs of the off-tract improvements, the City may adopt a local improvement
assessment ordinance for the purpose of the construction and installation
of the off-tract improvement based upon the actual cost thereof. Any
portion of the cost of the improvements not defrayed by a deposit
by the applicant may be assessed against benefiting property owners
by the City. Any assessments for benefits conferred made against the
applicant to his successors in interest shall be first offset by a
pro rata share credit of the allocated costs previously deposited
with the City Treasurer pertaining thereto. The applicant or his successors
in interest shall not be liable for any part of an assessment for
such improvements unless the assessment exceeds the pro rata share
credit for the deposit, and then only to the extent of the deficiency.
[Added 3-21-2006]
In the event that the applicant, with the City's consent,
decides to install and construct the off-tract improvement, or any
portion thereof, the certified cost shall be treated as a credit against
any future assessment for that particular off-tract improvement, or
portion thereof, constructed by the City in the same manner as if
the developer had deposited its apportioned cost with the City Treasurer,
as provided therein.
[Added 3-21-2006]
Should the applicant and the City enter into a contract for
the construction and installation of the off-tract improvements to
be done by the applicant, the applicant shall observe all requirements
and principles of this chapter in the design of such improvements.