[Ord. No. 751 § 30-13.1]
a. 
Prior to the granting of final approval of a subdivision or site plan, the applicant shall have installed or shall have furnished performance guarantees for the ultimate installation of the improvements that were required as a condition of preliminary approval and are shown on the final plat.
b. 
Improvements for which performance guarantees may be required include: streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, 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, landscaping and other on-site improvements.
c. 
The applicant shall file with the Borough Clerk a performance guarantee in favor of the Borough of Peapack and Gladstone insuring the installation of such uncompleted improvements on or before an agreed upon date. The cost of installation of the required improvements shall be estimated by the Borough Engineer, and the amount of the performance guarantee shall be of an amount equal to one hundred twenty (120%) percent of this estimated cost. Ten (10%) percent of the performance guarantee shall be required to be in the form of cash.
d. 
The form and sufficiency of bond shall be subject to approval of the Borough Attorney. Performance bonds shall be expressly conditioned upon the developer's full compliance with all Borough ordinances and regulations governing the installation of improvements and utilities and faithful performance of the terms of agreement with the Borough.
e. 
The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Borough Council by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed one hundred twenty (120%) percent of the cost of the installation as determined as of the time of the passage of the resolution.
f. 
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected, and the Borough may either prior to or after the receipt of the proceeds thereof complete such improvements.
g. 
Upon substantial completion of all required appurtenant utility improvements, and the connection of same to the public system, the obligor may notify the Borough Council in writing, by certified mail addressed in care of the Borough Clerk of the completion or substantial completion of improvements and shall send a copy thereof to the Borough Engineer. Thereupon the Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Borough Council indicating either approval, partial approval or rejection. The cost of the improvements as approved or rejected shall be set forth.
h. 
The Governing Body shall either approve, partially approve or reject the 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 the report and the action of the Governing Body with relation thereto, not later than sixty-five (65) days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure provision of the improvements not yet approved; provided that thirty (30%) percent of the amount of the performance guarantee posted may be retained to ensure completion of all improvements. Failure of the Borough Council to send or provide such notification to the obligor within sixty-five (65) days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability pursuant to such performance guarantee for such improvements.
i. 
If any portion of the required improvements are rejected, the Borough Council may require the obligor to complete such improvements and, upon completion, the same procedure of notification, as set forth in this section shall be followed.
j. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Borough Council or the Borough Engineer.
k. 
The obligor shall reimburse the Borough of Peapack and Gladstone for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements.
l. 
In the event that final approval is by stages or sections of development, the provisions of this section shall be applied by stage or section.
m. 
Prior to the filing of the final plat and/or prior to the commencement of construction of improvements, inspection fees shall be deposited with the Borough of Peapack and Gladstone. A sum equal to five (5%) percent of the estimated cost of the subdivision improvements, as prepared by the applicant's engineer and approved by the Borough Engineer, shall be deposited with the Borough Chief Financial Officer, as provided in Article VI, Section 23-53d. Any excess fees not required for inspections shall be returned by the Borough of Peapack and Gladstone after the improvements have been installed and accepted by the Borough.
Site plan improvements shall be inspected by the Borough Engineer to insure conformance with site plan approval. Prior to the issuance of the building permit and/or prior to commencement of construction of improvements, inspection fees shall be deposited with the Borough of Peapack and Gladstone. A sum equal to five (5%) percent of the estimated costs of on-site improvements, (not including buildings) and five (5%) percent of the estimated costs of municipal improvements, as prepared by the applicant's engineer and approved by the Borough Engineer, shall be deposited with the Borough Chief Financial Officer as provided in Article VI, Section 23-53d. Any excess fees not required for inspection shall be returned by the Borough of Peapack and Gladstone after the improvements have been installed and accepted/approved.
[Ord. No. 751 § 30-13.2]
a. 
Upon completion and approval of the required improvements or portions of improvements, the developer may be required to post a maintenance guarantee with the Borough Council for a period not to exceed two (2) years after final acceptance of the improvement, in an amount not to exceed fifteen (15%) percent of the cost of the improvement.
b. 
The guarantee shall be in a form and sufficiency approved by the Borough Attorney. The maintenance bond shall be posted upon final release of the performance bond by the Borough and shall be expressly conditioned upon the maintenance by the developer of all such improvements for a period of two (2) years, and particularly shall guarantee the remedy of any defects in such improvements which occur during that period.
c. 
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 governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Borough for such utilities or improvements.
[Ord. No. 760 § 30-14.1]
The soil erosion and sediment control plan approved by the Somerset-Union Soil Conservation District or any approved soil erosion plan shall remain in full force and effect during the course of construction of the entire project. Failure to comply with the soil erosion and sediment control plans shall result in a work stoppage until the conditions are corrected and the plan reimplemented.
[Ord. No. 760 § 30-14.2]
a. 
The excavation, grading, paving, erection, demolition, alteration or repair of any premises, street, building or structure is prohibited at any time on Sundays, national holidays or other than between the hours of 7:30 a.m. and 6:00 p.m. on Saturdays or between the hours of 7:00 a.m. and 7:00 p.m. on all other days, except in the case of urgent necessity in the interest of public health, welfare and safety. The provisions of this section shall not apply to interior or exterior repairs or to interior alterations, the work for which is actually performed by a homeowner or occupant, personally, between the hours of 7:00 a.m. and 10:00 p.m. upon residential premises, provided that the work shall be done without undue noise or disturbance of the peace and quiet of the neighborhood.
b. 
The excavation, grading, paving, erection, demolition, alteration or repair of any premises, street, building or structure is prohibited if the effect of such work or any activity connected with such work is to cause noise, fumes, smoke or dust, which produces a deleterious effect beyond the boundaries and perimeter of the site from which it is emanating.
a. 
The applicant shall establish and enforce anti-litter regulations which shall be imposed on site.
b. 
The applicant shall establish and enforce regulations for the safe and proper transfer and transport of fuel on site.
c. 
Truck mats shall be located in accordance with the approved soil erosion control plan as to minimize the tracking of dirt and mud onto the traveled roads. The mats shall be maintained and altered as necessary to achieve the required results.
d. 
Cleanup of trucks and equipment shall be required before leaving the construction site. The developer shall provide sufficient laborers and equipment to control tracking at all active exits from the site.
e. 
Adequate provisions for safe control of employee parking, including employees of the contractor and subcontractors, shall be required on site during construction.
f. 
Violations of any of these construction mitigation measures shall result in a stop-work order, which order shall remain in full force and effect until the condition is remedied to the satisfaction of the Borough Engineer.
[Ord. No. 760 § 30-14.3]
[Ord. No. 760 § 30-14.4]
Prior to construction, including site work activity, a preconstruction meeting shall be required to include the Borough representatives, the applicant and its engineers and contractors. The preconstruction meeting shall not be held until inspection fees and performance bonds have been submitted and approved by the Borough Attorney. Four (4) sets of plans containing all corrections, additions and deletions required by the approving Board and all other prior approved permits shall be provided at least five (5) days prior to the preconstruction meeting. Copies of all permits from the Federal, State and County agencies shall be provided at the meeting.
[Ord. No. 760 § 30-14.5]
a. 
All nondisturbed areas on site shall be demarcated by snow fence during construction, and the snow fence shall be installed on site prior to any construction activity including site work. A violation of the nondisturbed areas will result in a stop-work order for the area affected by the violation, as determined by the Borough Engineer, and said stop-work order shall remain in full force an effect until the violation is corrected and any damage created by the violation is restored to its original state.
b. 
Should blasting be required on site, the applicant shall, in addition to any State permits that may be required, notify all owners within two hundred (200) feet of the property line two (2) weeks prior to the date of said blasting and shall conduct a meeting with the property owners at least one (1) week prior to blasting. The purpose of the meeting shall be to inform the residents and to advise them of such mitigation measures as may be appropriate. The blasting contractor shall use a seismograph at the time of each blast and send the test results to the State and to the municipality.
c. 
Prior to the issuance of a building permit for footings and foundation only, the roads shall be in passable condition and the sanitary sewers accepted. Prior to the issuance of the framing permit the roads must be paved, the fire hydrants (if applicable) active and ready for use. Sanitary sewers under paved areas will not be approved until the base course of asphalt is installed. Prior to the issuance of the first certificate of occupancy, all utilities, including street lights, shall be activated and road signs shall be installed. Developer will pay the cost of street lighting until such time as one-half of the residences are occupied.
d. 
Construction of improvements to existing public roads shall be given precedence to on-site construction.
e. 
Developers shall be held responsible for damage to public roads, private property, vehicles and personnel injuries caused by their actions. No permanent certificates of occupancy will be issued to developers with unresolved insurance claims.
f. 
Sanitary facilities must be provided for construction workers. Facilities must also be provided for disposal of food and drink containers. No garbage is to be disposed of on the site.
g. 
If a site is to be left unworked for more than thirty (30) days, the site must be graded and seeded.
h. 
Two (2) working days' notice shall be given to the Borough Engineer prior to starting or restarting construction. Four (4) days notice shall be given for paving work.
i. 
A sign shall be posted at each entrance to a subdivision indicating that the road is private beyond that point and that people may proceed at their own risk. The sign shall also show the developer's name, phone number and emergency phone number. A temporary street name sign(s) shall also be posted at the start of the project. The signs shall remain until the road is accepted as a public road. If the road will remain private, the temporary sign(s) will be replaced with permanent signage.
j. 
Any new sanitary sewers will be isolated from the existing sewers with a plug to be located where the new sewer connects with the old sewer. The plug is not to be removed until the sewers are finished and ready for final testing. If the plug is removed prior to the final testing, then the Borough will plug the pipe with masonry. The cost of plugging the line will be paid by the developer.
k. 
No sanitary sewer is to be used for the transmission of sanitary sewage until the operations permit is issued.