Prior to the recording of a final major subdivision plat, the applicant shall install, under the inspection of the Borough Engineer or other authorized persons, all of the improvements required by the approved preliminary plan, unless the applicant has furnished to the Borough a performance guaranty, pursuant to § 110-231, to assure installation on or before a date approved by the Borough Engineer.
As a condition of final site plan approval, the applicant shall install, under the inspection of the Borough Engineer or other authorized persons, all of the on-tract or on-site improvements required by the approved preliminary plan which are determined by the Borough Engineer to have an impact on the health, safety and welfare of the Borough, unless the applicant has furnished to the Borough a performance guaranty, pursuant to § 110-231, to assure installation on or before a date approved by the Borough Engineer. Applicable improvements shall include but not be limited to the following:
A performance guaranty shall be in an amount satisfactory to the Borough Engineer and shall be equal to 120% of the estimated cost of outstanding improvements as established in § 110-232. The performance guaranty shall be in favor of the Borough. At least 10% of the performance guaranty may, at the discretion of the Borough Clerk, be required to be in cash or a certified check made payable to the Borough of Metuchen. The guaranty shall be in a form acceptable to the Borough Attorney and shall include a provision whereby both the obligor and the surety shall be liable, in the event of any action by the Borough to enforce the terms hereof, for reasonable legal fees incurred by the Borough.
An estimate of the cost of such improvements shall be prepared and submitted by the applicant's engineer to the Borough Engineer. After reviewing such estimate, the Borough Engineer shall make the final determination of the estimated cost of such improvements.
The performance guaranty shall run for a term not to exceed 18 months from the date of final approval or six months from the date a building permit is issued, whichever is later. The time allowed for the completion of the improvements for which a performance guaranty is posted may be extended by resolution of the Borough Council. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation of the remaining improvements as established at the time of the passage of the resolution of extension.
Upon substantial completion of all required appurtenant utility improvements and connection of the same to the public system, and upon completion of each of the other required improvements, the obligor of the performance guaranty shall notify the Borough Council, in writing, by certified mail addressed in care of the Borough Clerk, of the completion or substantial completion of such improvements and shall send a copy thereof to the Borough Engineer. Thereupon, the Borough Engineer shall, within 14 days of notification, conduct a full inspection of the specified improvements, file a detailed report, in writing, with the Borough Council indicating either his or her approval, partial approval or rejection of the inspected improvements and giving the reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth and certified.
The Borough Council, by resolution, shall either approve, partially approve or reject the inspected 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 the Borough Council with relation thereto, not later than 65 days after receipt of the notice from the developer of the completion or substantial completion of the improvements. Where partial approval is granted, the developer shall be released from all liability pursuant to the performance guaranty, except for 120% of the cost of the outstanding improvements or 30% of the amount of the original performance guaranty, whichever is greater, to ensure completion of all remaining improvements. Failure of the Borough Council to send or provide such notification to the developer within 65 days shall be deemed to constitute approval of the improvements, and the developer and surety, if any, shall be released from all liability pursuant to the performance guaranty for the inspected improvements.
Prior to acceptance by the Borough of any improvements installed in or as part of any development, the developer shall furnish to the Borough Engineer a set of as-built surveys, plans and profiles, drawn on Mylar base sheets not larger than 24 inches by 36 inches, for the following:
A zoning permit for occupancy, temporary or permanent, shall not be issued for any building or lot prior to the following:
A.
In the case of a site plan for residential development or a subdivision, installation of the following improvements reasonably required for such building or lot shall have been completed, inspected and approved by the Borough Engineer:
B.
In the case of a site plan for nonresidential development, the Borough Engineer or other authorized persons shall have certified that all site improvements have been properly completed. For good cause shown, a temporary zoning permit for occupancy may be issued where final grading and landscaping have not been completed, provided that such improvements are completed within 90 days, and further provided that a performance guaranty is posted to ensure the completion of the outstanding work.
Whenever final approval is obtained for a section of a development, all of the improvements for such section shall be completed and inspected and approved by the Borough Engineer or other authorized persons, prior to the issuance of any zoning permit for occupancy for any building or lot in any succeeding section of the development.