[Ord. No. 751 § 30-13.1;
amended 4-16-2024 by Ord. No. 1140-2024]
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 amount of the performance guarantee shall be of an amount equal
to one hundred twenty (120%) percent of the estimated cost. Ten (10%)
percent of the performance guarantee shall be required to be in the
form of cash: The performance guarantee shall consist of only those
improvements required by an approval or developer's agreement, ordinance,
or regulation to be dedicated to a public entity, and that have not
yet been installed, and shall be determined by the developer and approved
by the Municipal Engineer, according to the method of calculation
set forth in N.J.S.A. 40:55D-53.4, for the following improvements
as shown on the approved plans or plat: streets, pavement, gutters,
curbs, sidewalks, street lighting, street trees, surveyor's monuments,
as shown on the final map and required by the Map Filing Law, P.L.
1960, c. 141, water mains, sanitary sewers, community septic systems,
drainage structures, public improvements of open space, and any grading
necessitated by the preceding improvements. The performance guarantee
may also be required to include, at the discretion of the Borough,
the Land Use Board, a guarantee for the installation of privately-owned
perimeter buffer landscaping. At the developer's option, a separate
performance guarantee may be posted for the privately-owned perimeter
buffer landscaping. The developer shall prepare an itemized cost estimate
of the improvements covered by the performance guarantee for review
and approval by the Municipal Engineer, which improvements shall be
appended to each performance guarantee posted by the obligor.
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;
amended 4-16-2024 by Ord. No. 1140-2024]
a. Upon completion and approval of the required improvements or portions
of improvements, the developer shall post with the Borough, prior
to the release of the performance guarantee, a maintenance guarantee
in an amount equal to fifteen (15%) percent of the cost of the installation
of the improvements covered under the performance guarantee, along
with the following private site improvements: stormwater management
basins, in-flow and water quality structures within the basins, and
the out-flow pipes and structures of the stormwater management system,
if any, which itemized cost shall be determined by the developer and
approved by the Municipal Engineer according to the method of calculation
set forth in N.J.S.A. 40:55D-53.4. The term of the maintenance guarantee,
the form and sufficiency of which must be approved by the Borough
Attorney, shall be for a period not to exceed two (2) years and shall
automatically expire at the end of the established term.
b. 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.
[Added 4-16-2024 by Ord. No. 1140-2024]
a. The furnishing
of a "safety and stabilization guarantee" in favor of the Borough
of Peapack and Gladstone shall be required as deemed necessary to
ensure that the Borough has an adequate guarantee to return the property
that has been disturbed to a safe and stable condition or otherwise
implement measures to protect the public from access to an unsafe
or unstable condition. The Borough shall be permitted to access the
guarantee when: (a) site disturbance has commenced and, thereafter,
all work on the development has ceased for a period of at least sixty
(60) consecutive days following such commencement for reasons other
than force majeure; and (b) work has not recommenced within thirty
(30) days following the provision of written notice by the municipality
to the developer of the municipality's intent to claim payment under
the guarantee. At the developer's option, the "safety and stabilization
guarantee" may be included as a line item for safety and stabilization
in the performance guarantee rather than in the form of a separate
guarantee.
[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 § 30-14.4]
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.