Before recording of final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the approving board may require and shall accept, in accordance with the standards adopted by this chapter, for the purpose of assuring the installation and maintenance of on-tract improvements:
A.
The furnishing of a performance guaranty acceptable to the Borough's Chief Financial Officer in favor of the Borough in the amount of 120% of the cost of installation, which cost shall be determined by the Borough Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4, for improvements which the approving board may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.,[1] water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping. The Borough Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty, which itemized cost estimate shall be appended to each performance guaranty posted by the obligor.
[1]
Editor's Note: Said statute was repealed 2011, c. 217. See now N.J.S.A. 46:26B-1 et seq.
B.
Provision for a maintenance guaranty, to be posted with the governing body for a period not to exceed two years after final acceptance of the improvement, in the amount of 15% of the cost of the improvement, which cost shall be determined by the Borough Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the municipality for such utilities or improvements.