A. 
Prior to the signing of a final plat or deeds, issuance of a development permit and/or the commencing of any clearing, grading or installation of improvements, the developer shall have filed with the municipality a performance guaranty and inspection fees.
(1) 
The guaranty shall be sufficient and in an amount as determined by the Municipal Engineer for the construction of the on-site, off site and off tract improvements necessary to protect the adjacent property and the public interest, health, safety and welfare for development of a subdivision or site plan where improvements have not been completed. Such improvements shall include, but not be limited to, streets, public or private; grading; pavement; gutters; curbs; sidewalks; streetlighting; landscaping, shade trees; surveyors' monuments as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.); culverts; storm sewers; drainage structures; erosion and sediment control devices; public improvements of open space; and, in the case of site plan only, wetlands will be maintained by nonpublic entities; on-site improvements and landscaping. The applicant shall provide to the City of Perth Amboy a preliminary estimate of the quantities and types of improvements to be reviewed and verified by the Municipal Engineer. The guaranty shall be based upon the unit prices established by the Municipal Engineer on an annual basis.
(2) 
Such guaranty shall assure the installation of such improvements on or before an agreed date, guarantee the completion of all improvements without damage to or interference with adjacent properties or public facilities and hold the Municipal Council and the municipal agency and their employees and agents harmless with respect to any acts of the developer, its agents, successors or assigns.
(3) 
The total estimated cost to the municipality of constructing all improvements shall be based upon the estimated contract construction costs, which are established by the Municipal Engineer, and shall also include appropriate allowances for contract-related costs, such as engineering, legal, financial and other usual costs, which shall be estimated to be twenty percent (20%) of the estimated contract construction costs.
(4) 
Such performance guaranty may be in the form of cash, certified check, negotiable securities, a performance bond issued by a bonding company approved by the Corporation Counsel or any other type of surety acceptable to and approved by the Municipal Council and in a form acceptable to the Corporation Counsel. The performance guaranty shall be in the favor of the municipality in an amount not to exceed one hundred twenty percent (120%) of the cost of installation of improvements as defined in this Article.
B. 
If at the time the performance guaranty is filed with the municipality the developer has not also filed with the municipality proof that any other necessary performance guaranties have been filed and accepted by governmental bodies, authorities, public utility companies and private utility companies other than the municipality which have jurisdiction over improvements on the site or subdivision, the amount of the performance guaranty and inspection fees shall be increased to reflect the cost of such improvements.
C. 
All performance guaranties and inspection fees shall run to and be in favor of the City of Perth Amboy in the County of Middlesex.
D. 
The performance guaranty shall be approved by the Corporation Counsel as to form, sufficiency and execution and shall be subject to the following conditions:
(1) 
Such performance guaranty shall run for a period to be fixed by the Municipal Engineer but in no case for a term longer than the period of final approval set by N.J.S.A. 40:55D-1 et seq. or for the installation of all or any portion of the improvements.
(2) 
The time allowed for installation of improvements for which the performance guaranty has been approved may be extended by resolution of the Municipal Council, provided that, if required, the period of final approval has been extended by the proper municipal agency, provided further that:
(a) 
Such extension shall not exceed one (1) year.
(b) 
There shall not be more than three (3) such extensions.
(c) 
As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed one hundred twenty percent (120%) of the cost of the installation of all uncompleted improvements as determined by the Municipal Council as of the time of the passage of the resolution.
(3) 
If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected, and the municipality may, either prior to or after the receipt of the proceeds thereof, complete such improvements.
E. 
If the required improvements are completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereupon to the municipality for the reasonable cost of the improvements not completed or corrected, and the municipality shall notify the obligor and surety by certified mail that all improvements shall be completed within ten (10) calendar days after receipt of the notice. If the improvements are not completed, the proceeds of the guaranty shall be reimbursed to the municipality by the obligor and surety.
F. 
Upon completion and/or substantial completion of the required improvements as defined in this Article, except the final application of bituminous concrete wearing surface, street shade trees, concrete monuments and the connection of applicable improvements to the public system, the obligor may notify the Municipal Engineer for reduction in the bond as defined in N.J.S.A. 40:55D-53d.
G. 
The Municipal Council shall either approve, partially approve or reject the improvements, based upon the Municipal Engineer's report as per the procedures outlined in N.J.S.A. 40:55D-53e.
H. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Municipal Council or the Municipal Engineer as defined in N.J.S.A. 40:55D-53g.
I. 
The obligor shall supply the municipality, in advance of any improvements, a reasonable inspection fee and administrative costs for the improvements for a minor subdivision, major subdivision, minor site plan, major site plan, preliminary and final, for the Municipal Engineer to verify that the improvements are completed as shown on the approved plans. The fees for the Municipal Engineer's inspection shall be as follows: the inspection fee required shall be five percent (5%) of the estimated cost of construction as estimated by the Municipal Engineer. There shall be a minimum inspection fee of five hundred dollars ($500.). Further, the Municipal Comptroller shall notify the applicant and require payment of an additional fee equal to fifty percent (50%) of the original fee if and when an inspection fee account retained by the City of Perth Amboy reaches twenty-five percent (25%) of the original inspection fee. The Municipal Comptroller shall be authorized to require less than the fifty-percent original fee if the Municipal Engineer estimates that the work to be completed can be done by requiring a lesser additional fee deposit to be held by the municipality.
J. 
In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-11 et seq., the provisions of this section shall be applied by such stage or section.
A. 
Duties of Municipal Engineer, Corporation Counsel and Municipal Clerk. No performance guaranties shall be presented for acceptance to the municipality until the officials listed below have performed the following and have made certification of their performance, in writing, to the Municipal Engineer.
(1) 
Municipal Engineer. The Municipal Engineer shall:
(a) 
Where applicable, examine the plat map of a subdivision to make certain that it complies with all state laws and this chapter relative to the preparation and filing of maps or plans for the subdivision of land.
(b) 
Determine those acts or things the applicant is to do to protect the municipality, such as to provide proper drainage, streets, curbs, signs, monuments or any other item or thing and the cost of each, as well as the maximum time he recommends granting the applicant to provide each item or all items, and also advise the applicant of the amount required to pay the municipality as a proper inspection, testing and administration fee.
(c) 
Ascertain that the plat of a site plan or subdivision has been approved by the Middlesex County Planning Board and the Municipal Planning Board or Board of Adjustment.
(d) 
Determine if the landowner is an individual, corporation or partnership; if an individual, his full name and address; if a corporation, its correct name, date and state of incorporation, the name of its President and Secretary and the location of its principal office in this state; and if a partnership, the names and addresses of all partners.
(e) 
Give the applicant a form of the surety company bond required by the municipality and all figures of all improvements.
(f) 
Deliver to the Municipal Attorney:
[1] 
The original copy of the surety company bond of the applicant.
[2] 
The Municipal Engineer's written certificate addressed to the Municipal Attorney, which certificate and bond shall be delivered at one and the same time.
[a] 
The Municipal Engineer's certificate shall also state and give the nature of cash, or its equivalent, deposited as a portion or all of the performance guaranty (i.e., cash, certified check, cash escrow deposit or other security).
[b] 
If there is nothing the applicant needs to do under the granted approvals, the certificate shall so state and give the reason therefor.
(2) 
Corporation Counsel. Upon receipt from the Municipal Engineer of the surety bond and the Engineer's certificate, the Corporation Counsel shall promptly examine said bond and determine whether or not it is correct in form, content and execution. If the bond is not correct, the Corporation Counsel shall directly notify the applicant of its shortcomings. When the bond is or has been made correct, the Corporation Counsel shall make a written statement to that effect to the Municipal Clerk. Thereupon, the Corporation Counsel shall deliver the bond and the Engineer's and Corporation Counsel's statement to the Municipal Clerk.
(3) 
Municipal Clerk. Upon receipt from the Corporation Counsel of the bond and certificates of the Engineer and Corporation Counsel, the Municipal Clerk shall collect from the applicant the proper fee or fees, if any, payable to the City of Perth Amboy in accordance with the Engineer's certificate.
B. 
Certificates. Each of said certificates shall be dated and written in letter form upon the stationery of the municipality and signed by him or his authorized agent or representative.
C. 
Bond requirements. There must be attached to said bond an authority of the surety company empowering the person or persons who executed said bond for the surety company to do so. If the bonding company is not a New Jersey corporation, there should also be attached to the bond proof of its authority to do business in New Jersey and a copy of its last financial statement, made not more than one (1) year before, showing its financial condition. If the principal on the bond is a corporation, there must be attached to the bond a certified copy of a resolution adopted by its Board of Directors authorizing the execution and delivery of said bond. Said bond must also bear the corporate seal of the surety company and the seal, corporate or otherwise, of the principal.
D. 
Copies. The Municipal Clerk and administrative officer shall keep a supply of copies of these bond requirements in their office for the use of applicants and the general public.
A. 
General requirements. Where the municipal agency determines that off tract improvements are necessary for the proper development and utilization of the proposed site or subdivision and the surrounding area, it may require either that such off tract improvements be installed or that the developer contribute to the installation of such off-tract improvements. Where the municipal agency has determined that off tract improvements are required, it shall be a condition of the granting of final approval that such improvements be constructed or that the developer shall make payments toward the ultimate installation of off-tract improvements, such as, but not limited to, streets, curbs and gutters, sidewalks, water mains, sanitary sewers, storm sewers and culverts, monuments and streetlights, all in accordance with the specifications governing on-tract improvements.
B. 
Cost allocation. If the municipal agency determines that the developer may contribute toward required off-tract improvements in lieu of such improvements being installed, the municipal agency shall allocate the cost of the same off tract improvements in accordance with the standards hereinafter set forth. The improvement of a stream and/or widening of, or the construction of drainage or other improvements in, a street or road fronting on the tract to be subdivided and/or developed shall not constitute an off-tract improvement, and the cost of said improvement shall not be allocated.
(1) 
The allocation of the cost of off-tract improvements shall be determined in accordance with the following.
(a) 
The municipal agency may consider the total cost of the off-tract improvements, the benefits conferred upon the site or subdivision, the needs created by the site or subdivision, population and land use projects for the general areas of the site or subdivision and other areas to be served by the off-tract improvements, the estimated times of construction of off-tract improvements and the condition of periods of usefulness, which periods may be based upon the criteria of the Local Bond Law (N.J.S.A. 40A:2-22). The municipal agency may further consider the criteria set forth below.
(b) 
Road, curb, gutter and sidewalk improvements may be based upon the anticipated increase of traffic generated by the site or subdivision. In determining such traffic increase, the municipal agency may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the site or subdivision.
(c) 
Drainage facilities may be based upon the percentage relationship between the site or subdivision acreage and the acreage of the total drainage basins involved or upon calculations developing the percentage contribution that the storm runoff from a particular site or subdivision bears to the total design capacity of any improvement; the particular methods shall be selected in each instance by the Municipal Engineer.
(2) 
All moneys received by the municipality in accordance with the provisions of this section shall be paid to the Municipal Clerk, who shall provide for a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purposes unless such improvements are not initiated for a period of five (5) years from the date of payment, after which time said funds shall be transferred to the capital improvement fund of the municipality.
(3) 
The apportionment of costs shall be determined by the municipal agency. The developer shall be afforded an opportunity before said Board to present evidence relative thereto.
Before any developer effectively assigns any of his interest in any preliminary or final approval, he must notify the administrative officer and supply detailed information with regard to the name, address, principals, type of organization, competency, experience and past performance of the assignee, transferee or agent. Notice of such assignments or transfer shall be given no later than ten (10) days after its effective date. The assignee must be made acquainted with all the conditions of approval, and the developer shall so certify.
A. 
No contractor, builder, developer or subcontractor shall engage any personnel in any of the work on constructing any improvements unless they are continually supervised by a competent, English-speaking supervisor acceptable to the Municipal Engineer.
B. 
No less than five (5) days prior to commencing construction of any improvements on the site, the developer or his agent shall provide the Municipal Engineer with the names, addresses, phone numbers and emergency phone numbers of the subdivider and/or a representative empowered to act for the developer and/or each contractor and their supervisor in charge of the construction, setting forth the aspect of construction for which each is responsible.
A. 
Inspection, testing and engineering administration fees. Prior to beginning construction, the developer shall arrange for a preconstruction conference between the developer, contractors and Municipal Engineer. The Municipal Engineer shall be notified by the developer at least five (5) days in advance of the start of construction. The cost of inspection shall be the responsibility of the developer, who shall reimburse the municipality for all reasonable inspection fees by submitting a certified check or bank money order to the Municipal Clerk. This fee shall be in addition to the amount of the performance guaranty and all application fees. These funds shall be deposited in a special escrow account and shall not accrue interest. Upon completion of the development and all inspections, the developer shall receive an accounting of the expended funds. Any unexpended funds shall be returned to the developer. Should the initial deposit be insufficient to cover inspections and costs, the developer shall deposit additional sums upon notice from the Municipal Comptroller, each additional deposit being in amounts not to exceed fifty percent (50%) of the initial deposit.
B. 
Inspection notice. All required improvements, except those utility improvements which are not the responsibility of the municipality, shall be subject to inspection and approval by the Municipal Engineer, who shall be notified by the developer at least five (5) days prior to the initial start of construction and again twenty-four (24) hours prior to the resumption of work after any idle period exceeding one (1) working day. All of the utility improvements shall be subject to inspection and approval by the owner of or agency controlling the utility, who or which shall be notified by the developer in accordance with the utilities' requirements.
C. 
Modification of improvements. At any time, whether as a result of his inspection of work underway or otherwise, the Municipal Engineer may recommend that the developer be required to modify the design and extent of the improvements required, notifying the municipal agency of his recommendations. The municipal agency shall, if it considers such modifications to be major or if requested by the developer or Municipal Engineer, take formal action to approve or disapprove such recommendations; provided, however, that it must first afford the developer an opportunity to be heard.
D. 
General inspection requirements. All improvements, except as otherwise provided, shall be subject to inspection and approval by the Municipal Engineer. No underground installation shall be covered until inspection and approval by the Municipal Engineer or those agencies having jurisdiction over the particular installation. If such installation is covered prior to inspection, it shall be uncovered or another inspection means shall be used, such as a television or other pipeline camera as may be deemed necessary by the Municipal Engineer, and charges for such work will be paid for by the developer.
E. 
Inspection not acceptance. Inspection of any work by the Municipal Engineer, or his authorized representative, shall not be considered to be final approval or rejection of the work but shall only be considered to be a determination of whether or not the specific work involved was being done to municipality specifications or other required standards at the time of inspection. Any damage to such work or other unforeseen circumstances, such as the effects of the weather, other construction, changing conditions, settlement, etc., between the time of installation and the time that the developer wishes to be released from his performance guaranty, shall be the full responsibility of the developer, and no work shall be considered accepted until release of the performance guaranty.
F. 
Payment to contractors. No developer shall enter into any contract requiring the Municipal Council, the Municipal Engineer or any of their agents, employees or other representatives to make any declaration, written or otherwise, as a condition of payment of said developer to a contractor as to the acceptance or rejection of the work. Neither the Municipal Council, Municipal Engineer nor any of their agents, employees or representatives shall make any such declaration.
G. 
Procedure on acceptance of public improvements. When the developer has constructed and installed the on-site or off site improvements and other improvements in accordance with municipal regulations, standards and specifications and desires the municipality to accept said improvements, he shall, in writing, by certified mail, return receipt requested, addressed to the Municipal Clerk, with copies thereof to the Municipal Engineer, request the Municipal Engineer to make a semifinal inspection of said improvements. If the improvements have been constructed under a performance guaranty, the developer shall submit an as-built plan showing as-built grades, profiles and sections and locations of all subsurface utilities, such as french drains, combination drains, sanitary sewage disposal systems, both public and individual waterlines and control valves, gaslines, telephone conduits, monuments, iron property markers and any other utility or improvements installed. Said as-built plan shall be certified to by a licensed New Jersey professional engineer. If any improvements are constructed prior to final plat approval, the final plat shall reflect all changes and as-built conditions and be so certified. If any improvements are constructed prior to final plat approval, the final plat shall reflect all changes and as-built conditions and be so certified. Said as-built plan(s) shall be submitted on Mylar sheets not exceeding twenty-four by thirty-six (24 x 36) inches. The as-built plan(s) shall be required for any improvements in which partial releases of the performance guaranty are requested.
A. 
It shall be the responsibility of the developer to maintain the entire site or subdivision in a safe and orderly condition during construction. Necessary steps shall be taken by the developer to protect occupants of the site or subdivision and the general public from hazardous and unsightly conditions during the entire construction period. These steps shall include, but are not limited to, the following.
(1) 
Open excavations [less than three (3) feet deep] shall be enclosed by fencing or barricades during nonconstruction hours. Movable barricades shall be equipped with yellow flashing hazard markers or other lighting during the hours of darkness.
(2) 
The excavation of previously installed sidewalk and pavement areas which provide access to occupied buildings in the site or subdivision shall be clearly marked with signs and barricades. Alternate safe access shall be provided for pedestrians and vehicles to the occupied buildings.
(3) 
Materials stored on the site shall be screened from the view of occupants of the subdivision or site and adjoining street and properties.
(4) 
Construction equipment, materials and trucks shall not be stored within one hundred fifty (150) feet of occupied buildings in the site or subdivision and adjoining streets and properties during nonconstruction hours.
(5) 
Safe vehicular and pedestrian access to occupied buildings in the site or subdivision shall be provided at all times.
(6) 
Construction activities which create obnoxious and unnecessary dust, fumes, odors, smoke, vibrations or glare noticeable in occupied buildings in the subdivision or site and adjoining properties and streets shall not be permitted.
(7) 
Construction activities which will result in damage to trees and landscaping in occupied buildings in the site or subdivision or adjoining properties shall not be permitted. Trees and shrubs to be retained shall be protected at the drop line with the erection of protective snow fencing.
(8) 
All locations and activities in the site or subdivision which present potential hazards shall be marked with signs indicating the potential hazard.
(9) 
Unsightly construction debris, including scrap materials, cartons, boxes and wrappings, must be removed daily at the end of each working day. Burial of any debris on site is forbidden.
(10) 
Whenever construction activities take place within or adjacent to any traveled way or interfere with existing traffic patterns in any manner, suitable warning signs conforming to the requirements of the Uniform Manual on Traffic Control Devices will be erected and maintained by the developer.
(11) 
All trench excavation shall conform to all applicable federal, state or local regulations, and any trench excavations in excess of three (3) feet average depth shall be covered during nonconstruction hours, and no trenches shall be left uncovered, and steel road plates shall be used to cover the trench opening.
B. 
Should the developer fail in his obligation to maintain the site or subdivision in a safe and orderly condition, the municipality may, on five (5) days' written notice or immediately in the case of hazard to life, health or property, undertake whatever work may be necessary to return the site or subdivision to a safe and orderly condition and deduct the cost thereof from the performance guaranty. Upon notice of such deduction, the developer shall, within ten (10) days, restore the cost of the work by the municipality, or his performance guaranty will be held to be void, and the municipality may take action as if final plat approval had not been obtained.
C. 
The Construction Official shall, upon receiving notice from the Municipal Engineer that a developer is in violation of this section, suspend further issuance of certificates of occupancy and building permits and may order cessation of work on any outstanding permits.
D. 
The developer shall be responsible to maintain all road surfaces in a good and safe traveling condition, including snow removal and deicing until the streets are acceptable by the municipality.
A. 
No permanent certificate of occupancy shall be issued for any use or building until all required improvements are installed and approved by the Municipal Engineer or other appropriate authority.
B. 
No temporary certificate of occupancy shall be issued for any use or building involving the installation of utilities or street improvements, parking areas, buffer areas, storm drainage facilities, other site improvements, the alteration of the existing grade on a lot or the utilization of a new on-site well or sanitary disposal system unless the Municipal Engineer or other appropriate authority shall have, where applicable, certified to the following.
(1) 
Utilities and drainage. All utilities, including but not limited to water, gas, storm drains, sanitary sewers, electric lines and telephone lines, shall have been properly installed, and service to the lot, building or use from such utilities shall be available.
(2) 
Street rights-of-way. All street rights-of-way necessary to provide access to the lot, building or use in question shall have been completely graded, and all slope retaining devices or slope planting shall have been installed.
(3) 
Sidewalks. All sidewalks necessary to provide access to the lot, building or use in question shall have been properly installed.
(4) 
Streets. Curbing and the bituminous base course of bituminous concrete streets or the curbing and pavement course for portland cement concrete streets necessary to provide access to the proposed lot, building or use shall have been properly installed.
(5) 
Curbing and parking areas. Curbing and the bituminous base course of parking areas necessary to provide access to the required number of parking spaces for the building or use in question shall have been properly installed.
(6) 
Obstructions. All exposed obstructions in parking areas, access drives or streets, such as manhole frames, water boxes, gas boxes and the like, shall be protected by building to the top of such exposures with bituminous concrete as directed by the Municipal Engineer.
(7) 
Screening, fences and landscaping. All required screening, fencing and/or landscaping related to the lot, building or use in question shall have been properly installed unless the Municipal Engineer shall direct the developer to delay the planting of screening and landscaping until the next planting season in order to improve the chances of survival of such plantings.
(8) 
Site grading. All site grading necessary to permit proper surface drainage and prevent erosion of soils shall have been completed in accordance with the soil disturbance plans approved by the Freehold Soil Conservation District.
(9) 
Public water supply. Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested, and all required fire hydrants or fire connections shall have been installed, tested and approved.
(10) 
Lighting. All outdoor lighting shall have been installed and shall be operational.
(11) 
Street signs and traffic control devices. All street signs, paint lining and/or traffic control devices affecting the proposed lot, building or use and required under the terms of approval of a subdivision or site plan or by federal, state, county or municipal rules, regulations or laws shall have been installed.
(12) 
Performance guaranty. The Municipal Engineer shall have received a statement signed by the developer and any entity providing any performance guaranty which contains language identical or similar to the following: "The issuance of any certificate of occupancy (temporary or permanent) shall not be a basis for any claimed reduction in any performance guaranty."
(13) 
Other. Any other conditions established for issuance of a certificate of occupancy by the municipal agency as a condition of final site plan approval shall be complied with.
C. 
Temporary certificates of occupancy shall be issued for a specified period of time, not to exceed one (1) year.
A. 
A maintenance guaranty shall be furnished by the developer upon release of the performance guaranty by the Municipal Council upon written recommendation by the Municipal Engineer. The developer may elect to furnish such maintenance guaranty either by a deposit with the municipality by certified check or by a bond issued by a bonding company or surety company or other type of surety acceptable to and approved by the Municipal Attorney in an amount equal to fifteen percent (15%) of the total performance guaranty. The maintenance guaranty shall begin with the release of the performance guaranty and shall run for a period of two (2) years. The maintenance guaranty shall be to the effect that the applicant, developer, owner or user guarantees the complete maintenance of all improvements for a period of two (2) years from the release of his performance guaranty. Should he fail in his obligation to properly maintain all improvements, the municipality may, on ten (10) days' written notice or immediately in the case of hazard to life, health or property, proceed with necessary repair or replacement of any unacceptable improvements and charge the cost thereof against the guaranty. At the end of the maintenance period, the guaranty may be returned to the subdivider with approval by the Municipal Council less any sum properly documented by the municipality, which has been expended to repair or replace any unsatisfactory improvements.
B. 
The developer shall maintain sufficient funds in the engineering inspection account to cover costs of inspection during the maintenance period. In no case shall the fee on deposit with the municipality be less than twenty-five percent (25%) of the original deposit or two hundred dollars ($200.), whichever is greater.
C. 
Upon release of the maintenance guaranty by the Municipal Council, the unused inspection fee shall be returned to the developer.