Improvement guarantees shall be provided prior to the filing
of final subdivision plats or as a condition of final site plan approval
to ensure the City of the proper installation and maintenance of on-site
and on-tract improvements.
The installation of any subdivision improvements or the commencement
of any clearing and grading subsequent to preliminary approval shall
not be undertaken unless the following has been done:
A. If at any time of preliminary approval but prior to the commencement
of final approval, the developer elects to proceed with the installation
of improvements required under this chapter the developer shall furnish
the Borough with the final construction drawings and details.
B. The Municipal Agency having jurisdiction over the subdivision (Planning
Board or Board of Adjustment) in consultation with the City Engineer
shall review the final construction plans to determine that the clearing,
grading and/or installation of improvements will not hinder future
developments or create physical or aesthetic problems in the event
that further development of the site is not undertaken.
C. The required construction, inspection, engineering, and administration
fees have been paid, and adequate performance guarantees have been
posted to provide for the cost to the City of performing work that
may be necessary to protect adjacent property owners and the public
interest in the event that such clearing, grading and/or further development
of the site is not undertaken.
D. Such performance guarantees shall include, but are not limited to,
the cost of the City providing drainage facilities necessary to protect
off-tract areas from flooding, screening, or fencing that may be required
and all improvements to be undertaken which are within existing public
rights-of-way or easements.
E. In addition to the performance guarantee, a developer shall furnish
to the City a separate guarantee, referred to as a "safety and stabilization
bond," in favor of the City, for the purpose of returning property
that has been disturbed to a safe and stable condition or otherwise
implementing measures to protect the public from access to an unsafe
or unstable condition.
F. Prior to any disturbance of the site or commencement of any construction,
the developer shall enter into an agreement with the governing body.
This agreement shall be of a form that is acceptable to the City Attorney
and one in which the developer agrees to abide by the terms and conditions
of approval, construct the required improvements in accordance with
the approved plans, agrees to maintain the site and the constructed
improvements. The developer also shall agree that in the event that
the site and improvements are not maintained, the City can utilize
the cash portions of the performance guarantee to immediately attend
to items presenting a safety hazard.
G. No development permit shall be issued nor any work commenced on site
until compliance with this section and notice of intention to commence
construction of such improvements shall be furnished to the City Engineer.
H. At least two weeks prior to the start of any construction the developer
shall notify the City Engineer of his intention to start work so that
a preconstruction meeting can be arranged between the developer and
the City Engineer.
I. The City Engineer must be notified at least 48 hours in advance of
any on-site development.