[Ord. No. O-07-06 §§ 13—17]
A. 
Installation of On-tract and On-site Improvements for Subdivisions. Prior to the granting of final subdivision approval, the applicant shall have installed all improvements set forth below and all improvements designated upon the applicant's preliminary approvals; or in lieu of the installation of the improvements, the applicant may furnish, and the Borough may accept, adequate performance guaranties in accordance with Section 21-60 to assure the installation and maintenance of all improvements not installed and approved.
All improvements shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the developer at least two (2) weeks prior to the start of construction of any improvement. All improvements shall be installed in accordance with the standards in Article XI and the Uniform Site Improvement Standards (when adopted by the State). The following improvements will be required, except where the Board waives the requirement by specific resolution in conjunction with hardship, particular situations or special development provisions:
1. 
Streets and Pavements.
a. 
Nonresidential development. The developer shall design and construct streets and pavements meeting the minimum specifications as set forth in this chapter or such other specifications as may be required by the Borough or Board Engineer, as applicable, where circumstances so require.
b. 
Streets and parking lots in all residential developments shall be designed and constructed in accordance with Subchapter 4 (Streets and Parking) of N.J.S.A. 5:21 (Residential Site Improvement Standards), as amended.
2. 
Curbs and Sidewalks.
a. 
Nonresidential development. The developer shall construct curbs and sidewalks on both sides of all existing streets, avenues, highways and public lanes and as required within the project site.
b. 
Residential development. Curbs and sidewalks in all residential developments shall be designed and constructed in accordance with Subchapter 4 (Streets and Parking) of N.J.S.A. 5:21 (Residential Site Improvement Standards), as amended.
3. 
Stormwater Management.
a. 
Nonresidential development. All streets shall be provided with sufficient catch basins, storms sewers, culverts, water detention basins and other appurtenances for the proper drainage of the area, with respect to existing and future conditions. All such facilities shall be constructed in accordance with this chapter or such other accepted engineering design practices as may be required by the Borough or Board Engineer, as applicable, where special circumstances so require.
b. 
Residential development and all developments regulated by the Municipal Stormwater Regulations (N.J.A.C. 7:8). Stormwater management facilities in all residential developments shall be designed and constructed in accordance with Subchapter 7 (Stormwater Management) of N.J.S.A. 5:21 (Residential Site Improvement Standards), as amended.
4. 
Monuments. Monuments shall be of the size and shape required by N.J.S.A. 46:29-94, the Map Filing Law, and shall be placed in accordance with said statute.
5. 
Street Name Signs. Street name signs shall be placed at all street intersections within the subdivision. Such signs shall be of a type approved by the Borough and shall be placed in accordance with the standards of the Borough. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the name of existing streets. The continuation of an existing street shall have the same name.
6. 
Streetlighting. The subdivider shall be responsible for the installation of street lighting facilities as approved by the Board in accordance with any applicable standards of the Borough.
7. 
Topsoil Protection. Topsoil which shall be removed in the course of regrading a subdivision shall not be used as spoil or removed from the subdivision site. Such topsoil shall be redistributed as to provide at least six (6) inches of cover on areas to be used as building sites from which topsoil was removed and shall be stabilized by seeding or planting.
8. 
Street Trees. Street trees, when required, shall be located within the street right-of-way in such a manner as not to interfere with utilities or sidewalks and shall be one of the types and species as approved by the Board as part of preliminary approval.
9. 
Sanitary Sewers.
a. 
Nonresidential development. Where a public sanitary sewer system is reasonably accessible and capacity available, each lot within a subdivision area shall be provided with sewage disposal facilities by the required extension of sewer mains and connections thereon, the costs thereof to be borne by the developer. All such installation of sewer mains and connections shall be constructed in accordance with the applicable specifications and requirements of the Borough.
b. 
Where a public sanitary sewer system is not reasonably accessible, the subdivider may be required to install sewer lines and a sanitary sewer disposal plant at its own cost and expense and in accordance with applicable specifications and requirements of the Borough, and all such installations shall be subject to the approval of the Board of Health, the State Department of Environmental Protection and the Borough Engineer.
c. 
Residential development. Each lot within a subdivision or dwelling unit shall be provided with sewage disposal facilities by the required extension of sewer mains and connections thereon, the cost to be borne by the developer. All such installation of sewer mains and connections shall be constructed in the case of nonresidential development in accordance with the applicable specifications of the Borough. In the case of residential development, all sanitary sewer construction shall be designed and constructed in accordance with Subchapter 6 (Sanitary Sewers) of N.J.S.A. 5:21 (Residential Site Improvement Standards), as amended.
10. 
Water Supply.
a. 
Nonresidential development. All developments shall be provided with water supplied by the public water supply. All facilities for said system shall be installed pursuant to and in accordance with the requirements of the appropriate water supply authority.
b. 
Residential development. Water supply facilities in all residential developments shall be designed and constructed in accordance with Subchapter 7 (Water Supply) of N.J.S.A. 5:21 (Residential Site Improvement Standards), as amended.
11. 
Fire Hydrants. Fire hydrants shall be installed in all developments served by a central water system, in accordance with the requirements of the Fire Department. Such installation shall be subject to the inspection and approval of the New Jersey American Water Co.
12. 
Electric, Telephone and Cable Antenna Television Service. Except as otherwise provided in the regulations of the Board of Regulatory Commissioners, in all major subdivisions, electric, telephone and cable antenna television facilities shall be installed underground and, where applicable, in accordance with the latest requirements of said Board. Arrangements for such underground installation shall be made with the appropriate utility companies.
13. 
Easements. Easements of a width sufficient, but not less than twenty (20) feet, to allow proper maintenance shall be provided for the installation of all drains, storm drains, pipelines, gas mains, etc. Said easements shall be dedicated to the municipality by approved legal procedure.
B. 
On-Tract Installations for Site Plans. Prior to the granting of final approval, the applicant shall have installed or furnished performance guaranties as set forth in Section 21-60 for the ultimate installation of any required public on-tract improvements as the same are described in paragraph A. In addition, the Board may require the installation of on-site improvements, as described in paragraph C below, prior to the issuance of a building permit, which it finds essential before building construction. All such improvements shall be subject to approval and inspection by the Borough Engineer as provided in paragraph A above.
C. 
On-Site Installations for Site Plans. All improvements shall be installed in accordance with the standards in Article XI and the Uniform Site Improvement Standards (when adopted by the State).
1. 
Pavement. All parking and loading areas shall be installed and paved in accordance with the specifications in subsection 21-65.15 of this chapter.
2. 
Drainage. All sites shall be drained and graded so as to control surface runoff efficiently. Storm drainage shall be connected to existing facilities whenever possible. Detention facilities may be required by the Borough in cases where existing systems lack capacity or where needed to protect downstream properties. Drainage design shall be as set forth in subsection 21-65.22 of this chapter.
3. 
Parking. Parking spaces, pedestrian walkways and entrance and exit driveways shall be painted on the finished pavement in traffic paint. Where a gravel or other approved surface is used, other permanent demarcation shall be provided as approved by the Board or Borough Engineer.
4. 
Curbs. All paved areas shall be bounded by curbs constructed of Belgian block or concrete.
5. 
Sidewalks. Concrete sidewalks, in accordance with subsection 21-65.17 of this chapter, shall be constructed where required.
6. 
Screening. All off-street parking and loading areas shall be effectively screened on any side which adjoins or faces premises situated in any residential zone by a fence or wall not less than four (4) nor more than six (6) feet in height, maintained in good condition; provided, however, that a screening or hedge or other natural landscaping may be substituted for the required fence or wall if approved by the Board. The fence as required by this section may be waived by the Board if, in the Board's judgment, because of topographic or other unusual conditions, said fence is not necessary to screen adjoining residential property. The Board may also require construction of landscaped berms up to a height of five (5) feet with slopes at a ratio of not less than two to one (2:1).
7. 
Lighting. Adequate lighting shall be provided for parking areas in operation between one-half (1/2) hour before sunset and one-half (1/2) hour after sunrise. In addition, the premises shall have adequate lighting for security purposes during the foregoing period when the facility is not in operation. All exterior lighting shall meet the design standards established in subsection 21-65.11.
8. 
Landscaping. All portions of the property not used for off-street parking shall be attractively landscaped with grass lawns, trees and shrubs as approved by the Board. Shade trees shall be installed within the street right-of-way.
9. 
Utilities. All uses shall be provided with adequate water supply and sanitary disposal facilities, all in accordance with applicable local and State requirements.
10. 
Fire Alarm Boxes. Any required fire alarm boxes shall be tied into the Borough fire alarm system.
11. 
The Board may require items of construction such as retaining walls, guardrails, safety fencing, traffic barricades or other devices necessary in the interest of public safety and convenience.
A. 
Improvements for Final Approval. Prior to final subdivision and/or site plan approval, the applicant shall have installed all on-site improvements as required. Also prior to the filing of an application for final subdivision or site plan approval, the applicant shall have paid his pro rata share of the cost of any off-tract improvements necessitated by his development.
B. 
Performance Guaranty. Performance guaranties for the later installation of required on-tract improvements shall be in favor of the Borough of Highlands in an amount equal to one hundred twenty (120%) percent of the cost of such improvements. At least ten (10%) percent of the performance guaranty shall be in the form of cash, certified check, irrevocable assignment of a savings account or certificate of deposit or an irrevocable letter of credit (sufficient in form and substance to the Borough Attorney) made payable to the Borough of Highlands.
C. 
Time of Guaranty. The performance guaranty shall run for a term not to exceed two (2) years from the date of final subdivision approval or final site plan approval. With the consent of the principal, the performance guaranty may be extended by the governing body by resolution, after the recommendation by the Board by resolution, for an additional period not exceeding two (2) years.
D. 
Acceptance of Performance Guaranty. No performance guarantees shall be presented for approval of the Borough Council until the Municipal Officials listed below have performed the following and make certification of their performance, in writing, to the Borough Council.
1. 
Borough Engineer. The Borough 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. 
Ascertain that the plat of a site plan or subdivision has been approved by the Monmouth County and Borough of Highlands Planning Boards.
c. 
Determine those acts or things the applicant is to do to protect the Borough, such as to provide drainage, streets, curbs, signs, monuments or any other items or things and the cost of each, as well as the maximum time he recommends granting the applicant to provide each item or all items.
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 location of its principal addresses of all partners.
e. 
Give the applicant a form of the surety company bond required by the Borough, and all figures, dates and details required by this section so that same may be included in the bond to be furnished to the Borough; also, advise the applicant of the amount required to pay the Borough as a proper inspection, testing and administration fee.
f. 
Deliver to the Borough Attorney:
(1) 
A copy of the letter advising the applicant of amount required to pay the Borough as a proper inspection, testing and administration fee so that developer's agreement can be prepared.
(2) 
The original copy of the surety company bond of the applicant.
(3) 
The Borough Engineer's written certificate addressed to the Borough Council which certificate and bond shall be delivered at one and the same time.
g. 
The Borough Engineer's written certificate shall also state and give the nature of cash, or its equivalent, deposited as a portion or all of the performance guarantee (i.e., cash, certified check, cash escrow deposit, or other security).
h. 
If there is nothing the applicant needs to do under this section, the certificate shall so state and give the reasons.
2. 
Borough Attorney. The Borough Attorney shall:
a. 
Upon receipt from the Borough Engineer of the surety bond, engineer's certificate, and the copy of the engineer's letter advising the applicant of the amount required to pay the Borough as a proper inspection, testing and administration fee, the Borough Attorney shall promptly examine said bond and determine whether or not it is in correct form, content and execution.
b. 
If the bond is not correct, the Borough Attorney shall notify the applicant of its shortcomings. When the bond is or has been made correct, the Borough Attorney shall make a written certificate to that effect to the Borough Council. Thereupon the attorney shall deliver the bond and the engineer's and attorney's certificate to the Borough Clerk.
c. 
Prepare a developer's agreement and forward same to developer for execution and thereafter upon receipt of executed agreement cause same to be executed by the Mayor and witnessed by the Clerk. Applicant shall post an initial escrow fee as set forth in said developer's agreement to reimburse the Borough for legal fees incurred in the review and preparation of the documents and the administration and enforcement of the terms set forth in said developer's agreement as well as inspection, testing and administration fees provided in the engineer's estimate.
3. 
Borough Clerk. Upon the receipt from the Borough Attorney of the bond and certification of the engineer and attorney and the developer's agreement, the Borough Clerk shall:
a. 
Cause the developer's agreement to be executed by the Mayor and witnessed by the Clerk; and thereafter
b. 
Collect from the applicant the proper fee or fees, if any, payable to the Borough in accordance with the Engineer's certification and the developer's agreement.
c. 
Place the matter of approval of bonds on the agenda of the next regular meeting of the Borough Council for its consideration.
d. 
Submit the bond, certificate and fees to the Borough Council at the next regular meeting of the Council.
4. 
Administration.
a. 
Certificates - form, dating. Each of the certificates shall be dated and written in letter form upon the stationary of the maker or of the Borough, and signed by him or his authorized agent or representative.
b. 
Bond requirements. There must be attached to the bond an authority of the surety company empowering the person or persons who executed the 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 conditions. If the principal on the bond is a corporation, there must be attached to the bond a certified copy of the resolution adopted by its board of directors authorizing the execution and delivery of the bond. The bond must also bear the corporate seal of the surety company and the seal, corporate or otherwise, of the principal.
c. 
Copies. The Borough Clerk shall keep a supply of copies of these bond requirements in his office for the use of applicants and the general public.
E. 
Reduction of Performance Guaranty. The governing body may, in its discretion, upon application in writing by the developer or subdivider pursuant to N.J.S.A. 40:55D-53, reduce the amount of the performance guaranty upon certification in writing by the Borough Engineer that certain portions of the required improvements and conditions of the governing body have been properly completed and upon posting of property guaranties and maintenance bonds, provided that the remaining performance guaranty, maintenance bonds and deposit moneys are adequate to ensure the completion of the remaining improvements.
F. 
Completion of Improvements. If the required improvements are not completed or corrected, the obligor shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected, and the Borough may complete such improvements.
G. 
Notification of Completion. When all of the required improvements have been completed, the obligor shall notify the governing body in writing, pursuant to N.J.S.A. 40:55D-53, by certified mail addressed in care of the Borough Clerk, of the completion of said improvements and shall send a copy thereof to the Borough Engineer. Thereupon the Borough Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of improvements rejected shall be set forth.
H. 
Time for Action. 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 said report and the actions of the governing body with relation thereto not later than sixty-five (65) days after the receipt of the notice of 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 guaranty, except that portion adequately sufficient to secure provision of the improvements not yet approved, provided that thirty (30%) percent of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the governing body 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 guaranty.
I. 
Rejection of Improvements. If any portion of the required improvements is rejected, the governing body may require the obligor to complete and/or correct such improvements, and upon completion and/or correction, the same procedure of notification as set forth in this section shall be followed.
Prior to any construction and coincident with the furnishing of the performance guaranty by the developer, there shall be drafted an agreement between the developer and the Borough of Highlands incorporating all of the terms and conditions of approval approved by the Board in accordance with this chapter.
A. 
Inspection Fees. The agreement shall also provide for the deposit with the Borough of fees for engineering inspection of all improvements required by the Board and based upon the cost of such improvements, as determined by the Borough Engineer, all fees and procedures to be in accordance with this chapter.
B. 
Notification of Borough Engineer. At least two (2) weeks prior to the start of construction, the applicant shall notify the Borough Engineer in writing, with a copy to the Secretary of the Board, of said date when construction will begin so that a preconstruction conference can be held and so that inspections may be conducted from time to time by the Borough Engineer. 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 performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Borough for such utilities or improvements.
A. 
Upon completion of all improvements and prior to release of the performance guaranty, the applicant shall file a maintenance guaranty bond amounting to fifteen (15%) percent of the cost of all improvements to guarantee that the completed improvements will be maintained for a stated period not to exceed two (2) years. The Borough Engineer and the Board shall review the maintenance bond; it shall be reviewed by the Borough Attorney as to form, sufficiency and execution and approved by the Borough Council.
B. 
The Borough Council will not accept any road or improvement into the municipal system until the maintenance period expires or until after the deficiencies are repaired and then only if it is in the same condition as when certified.