[1991 Code § 185-12]
A.
Prior to the granting of final approval of a final plat, the subdivider
or developer shall have installed or shall have furnished performance
guaranties for the ultimate installation of the following, which installation
shall be subject to the approval of the Borough Engineer.
(1)
Streets, in accordance with the Borough regulations establishing
requirements precedent to the acceptance of streets by the Borough.
(2)
Street signs.
(3)
Curbs and gutters, to be installed in accordance with good engineering
practice.
(4)
Streetlighting.
(5)
Shade trees, so as not to interfere with utilities or sidewalks.
(6)
No topsoil shall be removed from the site or used as spoil. Topsoil
moved during the course of construction shall be redistributed so
as to provide at least four inches of cover to all areas of the subdivision
and shall be stabilized by seeding or planting.
(7)
Monuments shall be of the size and shape required by N.J.S. 46:23-9.9
et seq. and shall be placed in accordance with the statute.
(8)
Fireplugs.
(9)
Water mains, culverts, storm sewers and sanitary sewers shall be
properly connected with an approved system and shall be adequate to
handle all present and probable future development.
B.
Sanitary Sewers.
(1)
Engineering requirements for all sewer extensions shall conform in
detail to the rules and regulations of the State Department of Health
as contained in its rules and regulations for the preparation and
submission of designs for sewer systems.
(2)
Transite pipe, or its equivalent or better, of a minimum diameter
of eight inches shall be used.
(3)
All joints shall be sealed with lead or leadite or its equivalent.
(4)
Pipe shall be laid with batter boards and line. The trench shall
be excavated no deeper than necessary so that pipe has a firm foundation
for its full length. When a trench is excavated below grade, it shall
be backfilled with crushed stone or equal, which shall be thoroughly
tamped. When backfilling, backfill should be filled to one foot above
the top of the pipe and thoroughly tamped before the rest of the ditch
is backfilled.
(5)
An infiltration of hydrostatic test shall be made by the subdivider
to show leakage of a rate of less than 5,000 gallons per mile.
(6)
Sewer extensions shall be laid and compacted before surfacing of
the street.
(7)
Manholes shall be provided at the ends of each sewer line and at
intersections and at all changes in grade or alignment. Distances
between manholes shall not exceed 500 feet for sizes 36 inches or
less. A drop pipe shall be provided for lateral sewers entering manholes
above the manhole invert wherever the difference in elevation is two
feet or greater.
(8)
No stormwater from roofs or any other area shall be permitted to
run into the sewer system. Subsoil water from cellars shall not be
admitted to the sewer system.
(9)
No backfilling shall be done until the installed extension, fully
exposed, is examined by the Borough official whose approval is required.
C.
Water Supplies.
(1)
Engineering requirements for all water extensions shall conform in
detail to the rules and regulations of the State Department of Health
as contained in its rules and regulations for water supplies.
(2)
Class 150 cast iron pipe, or its equivalent or better, of not less
than six inches in diameter, meeting the specifications of the American
Water Works Association, shall be used.
(3)
All joints shall be sealed with lead or leadite or its equivalent.
(4)
The depth of pipe beneath the surface shall not be less than three
feet six inches measuring from the top of the pipe.
(5)
Valves shall be furnished and installed with all fire hydrants.
(6)
A water extension must be of the same size pipe as the main being
tapped into; provided, however that no pipe may be used that is less
than six inches in diameter.
(7)
The same provisions with respect to backfill and tamping and conditions
of the surface area shall be observed as provided with respect to
the extension of sewers above. Extensions shall be flushed with chlorinated
water having a residual of at least one part per million, and a test
for leakage shall be made before any new pipe is accepted.
(8)
Water extensions shall be laid and compacted before surfacing the
street.
(9)
No backfilling shall be done until the installed extension, fully
exposed, is examined by the Borough official whose approval is required.
D.
Acquiring by Borough.
(1)
Upon letter advice by the Borough Engineer or other properly designated
official that the sewer and water extensions, or either, have been
completed in accordance with the standards herein set forth in a satisfactory
way, the Mayor and Council may acquire the improvement with all of
its component parts or so much of the same as it deems best for the
benefit of the inhabitants of the Borough. The subdivider or developer
shall give the bill of sale to the Borough, transferring title to
the improvement absolutely to the Borough.
(2)
All of the above-listed improvements shall be subject to inspection
and approval by the Engineer, who shall be notified by the subdivider
or developer at least 24 hours prior to the start of construction.
No underground installation shall be covered until it has been inspected
and approved.
[1991 Code § 185-13]
A.
No final plat shall be approved by the Planning Board until the completion
of all required improvements and until such completion and payment
of all costs of inspection thereof have been certified to the Planning
Board by the Borough Engineer or other official who may be designated
by resolution, unless the subdivision owner shall have filed with
the Borough a performance guaranty sufficient in amount to cover the
cost of all improvements or uncompleted portions, including all costs
of inspection of such improvements or uncompleted portions thereof,
as estimated by the Borough Engineer, and assuring the installation
of uncompleted improvements and the payment of all costs of such inspection
on or before an agreed date. The performance guaranty may be in the
form of a performance bond which shall be issued by a bonding or surety
company approved by the Borough Council; a certified check, the amount
of which shall be returnable to the subdivider after full compliance;
or any other type of surety approved by the Council.
B.
The performance guaranty shall be approved by the Council as to form,
sufficiency and execution. Such performance guaranty shall run for
a period to be fixed by the Planning Board but in no case for a term
of more than three years. However, with the consent of the owner and
the surety, if there is one, the Borough Council may, by resolution,
extend the term of the performance guaranty for an additional period
not to exceed three years. The amount of the performance guaranty
may be reduced by the Council by resolution when portions of the required
improvements have been installed.
(1)
The time allowed for installation of the improvements for which the
performance guaranty 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 guaranty shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
the installation as of the time of the passage of the resolution.
(2)
Upon substantial completion of all required appurtenant utility improvements
and the connection of the same to the public system, the obligor may
notify the Borough Council, in writing, by certified mail addressed
in care of the Municipal Clerk, of the completion or substantial completion
of improvements and shall send a copy thereof to the Municipal Engineer.
Thereupon, the Borough Engineer shall inspect all improvements of
which such notice has been given and shall file a detailed report,
in writing, to the Borough Council indicating either approval, partial
approval or rejection of such improvements, with a statement of reasons
for any rejection. The cost of the improvements as approved or rejected
shall be set forth.
C.
If the required improvements have not been installed in accordance
with the performance guaranty, the obligor and surety shall be liable
to the Borough for the reasonable cost of the improvements not installed,
and upon receipt of the proceeds thereof, the Borough shall install
such improvements, or if a certified check has been deposited, the
funds represented by the same may be used by the Borough to install
the improvements, and any surplus remaining after all costs are met
shall be returned to the subdivider or developer.
D.
The Borough Council 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 approving authority with
relation thereto not later than 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 the performance guaranty, except for that portion adequately
sufficient to secure provision of the improvements not yet approved,
provided that 30% of the amount of the performance guaranty 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 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 for such
improvements.
E.
The obligor shall reimburse the municipality for all reasonable inspection
fees paid to the Engineer for the foregoing inspection of improvements,
provided that the municipality may require of the developer a deposit
for all or a portion of the reasonable anticipated fees to be paid
to the Borough Engineer for such inspection.
F.
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.
G.
Performance Guaranties and Inspection Fees.
(1)
The fees for performance guaranties and inspection for engineering
and administrative costs for the improvements of subdivisions and
site plan applications shall be as follows:
(b)
Inspection fees:
|
Improvement Cost
|
Inspection Fee Required
|
|---|---|
|
$0 to $10,000
|
8% of the estimated cost of construction as estimated by the
Borough Engineer, or a minimum of $300
|
|
$10,000 to $50,000
|
$800, plus 71/2% of the estimated cost over $10,000
|
|
$50,000 to $100,000
|
$3,800 plus 7% of the estimated cost over $50,000
|
|
$100,000 or more
|
$13,800, plus 6% of the estimated cost over $100,000
|
(2)
Further, the Borough Treasurer shall notify the applicant and require
payment of an additional fee equal to 50% of the original fee if and
when professional charges to the Borough are more than 80% of the
original inspection fee as required from the schedule above, except
that the Borough Treasurer shall be authorized to require less than
an additional fee of 50% if the Borough Engineer's estimate of additional
charges warrants.
[1991 Code § 185-14]
The subdivision owner shall, upon completion of all required
improvements, submit a maintenance guaranty in an amount not to exceed
15% of the cost of all required improvements to protect the Borough
against all defects of material or workmanship in such work arising
within two years of final acceptance of the improvements. Such maintenance
guaranty shall be in the form of cash or a certified check, together
with an appropriate agreement approved by the Borough Attorney.
