No person, firm or corporation shall lay out, open, grade or
pave any public street, avenue or other public thoroughfare, nor construct
or install therein any curbs, gutters, sidewalks, sanitary sewer,
storm drains or other improvement, without first having obtained from
the Mayor and Council written authority to do the same.
The Borough Engineer must design, lay out and supervise the
construction of all improvements mentioned herein made in connection
with a major subdivision, and on all other improvement projects the
Borough Engineer shall approve and certify the proper completion thereof
to the Mayor and Council. The applicant shall be obligated to pay
the Borough for the reasonable cost of the engineering fees, which
fees shall be established with the consent of the Mayor and Council
and shall be paid in advance for the engineering services.
All improvements made hereunder shall be inspected by such persons
as may be designated by the Borough Superintendent of Municipal Services,
Leadman or his designee, and the applicant shall pay in advance to
the Borough, by certified check, the amount estimated by the Borough
Engineer to cover the inspection fees. The charge shall be reasonable
and established by the Mayor and Council. In the event that the charge
has been overestimated, at the completion of the work, the applicant
shall receive a refund of the overpayment. If the charge has been
underestimated, the applicant shall be required to make an additional
deposit of money with the Borough to cover such underpayment.
The Borough Engineer or the applicant, as the case may be, shall
furnish final plans, profiles and grade maps as follows:
Before a permit is granted by the Mayor and Council, the applicant
shall be required to furnish a performance bond with sufficient surety,
conditioned upon the completion of such improvement or improvements
to the satisfaction of, and within the time designated by the Mayor
and Council, and further conditioned upon the furnishing of a maintenance
bond with sufficient surety in an amount of 1/4 of the sum of the
performance bond, to maintain such improvement or improvements against
defective workmanship and material and inherent defects due to faulty
workmanship or material for a period of 18 months from the date of
completion and acceptance of such improvement or improvements. The
performance bond shall be in such amount as estimated by the Borough
Engineer to cover the costs of the improvement or improvements, and
all expenses incidental thereto, plus 25% over and above the amount.
In lieu of bonds, the applicant may deposit cash in sums equal to
the amounts, which would otherwise be secured by the bonds aforesaid;
and upon failure of the applicant to complete or maintain such improvement
or improvements to the satisfaction of the Borough, the Borough may
complete or maintain said work, using the money so deposited or so
much thereof as is necessary for such purpose, returning the balance
of the deposit, if any, to the applicant. Fees for the examination
and review of the aforementioned bonds shall be paid to the Borough
Attorney by the applicant.
Upon certification of the plans, profiles and grade maps by
the Borough Engineer, and the certification of such approval to the
Mayor and Council, and upon it further appearing that there has been
compliance with all the regulations and requirements hereunder, a
permit will be issued to the applicant to proceed with the proposed
work.
All works for which permission has been given hereunder shall
conform with the specifications entitled "Standard Specifications
for the Borough of Emerson, Bergen County, New Jersey," on file in
the office of the Borough Clerk.
No improvement shall be accepted by resolution of the Mayor and Council as having been satisfactorily completed until the Borough Engineer and Superintendent of Municipal Services certify, in writing, to the Mayor and Council that the work had been completed in accordance with the plans, profiles, grade maps and the specifications mentioned in § 248-16.
Any person, firm or corporation violating any of the provisions
of this article shall, upon conviction, be liable to the penalty stated
in N.J.S.A. 40:49-5. Each and every nonconformance of this article,
or each day that any provision of this article shall have been violated,
shall be construed as a separate and distinct violation thereof.
