A. 
Following preliminary approval,but prior to final approval, the applicant may elect to install all required improvements as specified in Article IX, under the supervision and inspection of the Township Engineer, or he may post performance guaranties for any or all required improvements as hereinafter provided and install any required improvements not covered by the performance guaranties.
B. 
Following installation of improvements and/or posting performance guaranties as provided above, the applicant shall be entitled to the final subdivision plat approval; however, no building permits shall be issued in the development or section thereof for which final approval was obtained until the completion of all required improvements, except the following:
(1) 
The final bituminous concrete surface course.
(2) 
Monuments.
(3) 
Shade trees.
(4) 
Sidewalks.
(5) 
Street signs.
(6) 
Right-of-way topsoil, seeding, fertilizing and mulching.
C. 
All improvements covered by the performance guaranties shall be completed within two years of final approval unless an extension of time is granted by the Township Committee.
D. 
No performance guaranty shall be considered filed or accepted for filing with the Township Clerk unless and until the following conditions are met:
(1) 
Final construction plans and an estimate of the cost of construction have been filed with the Township Committee.
(2) 
The Township Engineer shall have certified, in writing, to the Township Committee that the amount thereof is sufficient to assure the completion of the improvements and compliance with the tree protection and removal plan and the soil erosion and sediment control plan.
(3) 
The Township Attorney shall have approved the sufficiency of the form and execution of said performance guaranty.
(4) 
The Township Committee shall have approved the qualifications of the surety and stipulated the duration of said guaranty.
E. 
If the applicant elects to post performance guaranties pursuant to this section, the final plat shall contain the following statement in bold letters:
NOTICE
CONSTRUCTION OF ALL REQUIRED IMPROVEMENTS ARE TO BE COMPLETED WITHIN TWO YEARS OF FINAL APPROVAL UNLESS AN EXTENSION OF TIME HAS BEEN OBTAINED FROM THE TOWNSHIP COMMITTEE. THE MUNICIPALITY HAS NO OBLIGATION TO CONSTRUCT ANY IMPROVEMENTS NOT COMMENCED NOR TO COMPLETE ANY IMPROVEMENTS COMMENCED BY THE DEVELOPER, EXCEPT TO THE EXTENT OF FUNDS RECEIVED FROM THE PERFORMANCE GUARANTIES POSTED BY THE DEVELOPER WITH THE MUNICIPALITY.
F. 
If improvements are required to be constructed as a condition of minor subdivision approval, the applicant shall complete all such improvements within one year from the date of approval of said minor subdivision. The applicant shall also post a performance guaranty in accordance with all requirements applicable thereto for a major subdivision.
G. 
In the event that public improvements are required to be installed as a condition of final approval of a site plan, then all provisions relating to the installation of said improvements and the posting of performance guaranties applicable to subdivisions shall apply to the site plan.
A. 
The performance guaranty shall be in favor of the Township of Boonton in an amount equal to 120% of the cost of such improvements. At least 10% of the performance guaranty shall be in the form of cash or a certified check made payable to the Township of Boonton.
B. 
The performance guaranty shall be approved by the Township Attorney as to form, sufficiency and execution. The performance guaranty shall enumerate all required improvements in detail, setting forth the amount, quantity and specification of all items. Such performance guaranty shall run for a period to be determined by the Township Committee.
C. 
Any cash or certified check furnished as a performance guaranty in favor of the Township shall be held in escrow by the Township and deposited or invested in the manner prescribed in § 102-13.
D. 
If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the Township for the reasonable cost of the improvements not installed or improperly installed, and, upon receipt of the proceeds thereof, the Township shall install such improvements. The cost of such improvements shall first be paid from the certified check required above.
E. 
Extension of time. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Township Committee by resolution. As a condition or as part of any such extension, the performance guaranty shall be extended and may be required to be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined at the time of the passage of the resolution approving said extension.
The applicant shall file with the Township Committee a certificate of insurance evidencing the existence of a general liability insurance policy naming the Township as an additional insured at the same time that he files any required performance guaranty; provided, however, that the municipal agency may waive this requirement for good cause when the agency attorney and engineer so advise. The Township Attorney shall approve any policy as to form. The policy shall be of the same term as the performance guaranty and shall be extended in conformance with any extension of the performance guaranty. The policy shall insure the Township and the applicant and cover all operations in the development involving existence and maintenance of property and buildings and contracting operations of every nature, including all public improvements. The policy shall have limits of liability of at least $1,000,000 for bodily injury for each person and $2,000,000 liability on the aggregate for each accident and $500,000 aggregate property damage liability; provided, however, that such limit shall be considered minimum and higher liability limits may be required by the municipal agency or by the Township Committee with respect to specific projects where the possible liability would warrant such increase.
All improvements shall be installed in accordance with the approved preliminary plat, except that the Township Engineer may, prior to construction, approve minor variations which site conditions may require. If major revisions are involved, a revised preliminary plat or plan shall be submitted to and approved by the Planning Board prior to commencement of construction.
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 as determined in accordance with the requirements of Article X.
A. 
Upon request of an applicant, the amount of any performance guaranty may be reduced in accordance with the provisions of N.J.S.A. 40:55D-53 by the Township Committee by resolution where portions of the improvements have been certified by the Township Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Township Committee by resolution.
B. 
If the required improvements are not completed or corrected in accordance with any performance guaranty, the obligor or surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected and the Township may either, prior to or after the receipt of the proceeds thereof, complete said improvement.
C. 
When all of the required improvements have been completed, the obligor shall notify the Township Committee, in writing, by certified mail addressed in care of the Township Clerk, of the completion of the improvements and shall file a detailed report, in writing, with the Township Committee 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 the improvements rejected shall be set forth.
D. 
The Township Committee shall either approve, partially approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor, in writing, by certified mail, of the contents of the report and the action of the Township Committee with relation thereto not later than 65 days after receipt of the notice from the obligor or the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the Committee 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.
E. 
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements, and, upon completion, the same procedure of notification as herein above set forth shall be followed.
F. 
Notwithstanding any provision of this chapter to the contrary, upon completion of all improvements but prior to acceptance by the Township Committee of such improvements and prior to the release of any performance guaranty which may have been posted, deeds and an affidavit of title and title commitment, if necessary, must be received free and clear of all mortgages and encumbrances for all fee and other property interests and improvements to be conveyed to the Township.
Prior to any construction and coincident with the furnishing of the performance guaranty by the developer, there shall be drafted by the Township an agreement between the developer and the Township of Boonton incorporating all of the terms and conditions of approval imposed by the Planning Board. The agreement shall be drawn by the Township and shall be executed by the applicant. The agreement must contain the following provision: It is hereby understood and agreed that in the event that the principal shall default in the performance of its obligation under this agreement, then the Township shall perform said principal's obligation at the option of the Township Committee. Any cost incurred by the Township in performing the principal's obligation shall be charged to the developer under conditions to be established by agreement.
Implicit in every preliminary approval and part of each such agreement in connection with final approval shall be the agreement of the applicant to:
A. 
Procure any drainage, sight triangle and other appropriate easements as are deemed necessary by the approving authority.
B. 
Make such revisions in the development plan as may be reasonably required before or during construction by the Township Engineer. All drainage problems shall be resolved to the satisfaction of the Township Engineer prior to the acceptance by the Township of any road and related improvements in the subdivision.
A. 
Prior to the acceptance by the Township of any improvements installed for any subdivision, the applicant shall furnish to the Township Engineer as-built plans for the following drawn on translucent tracing cloth or its equivalent on sheets not larger than 24 inches by 36 inches and a minimum scale of one inch equals 50 feet horizontal and one inch equals five feet vertical:
(1) 
Roads (plans and profiles showing design elevations and center line gradients and as-built elevations along road center line at fifty-foot stations and as-built center line gradients).
(2) 
Surface and stormwater drainage (plans and profiles for facilities in roads and easements and showing pipe sizes, invert elevations, top or rim elevations and pipe gradients).
(3) 
Sanitary sewers (plans and profiles for facilities in roads and easements and showing pipe sizes, invert elevations, top or rim elevations and pipe gradients.)
(4) 
Water mains, gas mains, underground electric Ordinance conduits and underground telephone conduits (plans and profiles for facilities in roads and easements).
B. 
All of the foregoing improvements and utilities may be shown on the same location plan with appropriate legends.
[Amended 9-25-2000 by Ord. No. 622]
Prior to the release of the performance guaranty or in the event that all improvements are installed by the applicant prior to final approval in lieu of posting a performance guaranty prior to the acceptance of the improvements, the applicant shall post with the Township of Boonton a maintenance guaranty in accordance with Township specifications. The maintenance guaranty shall amount to 15% of the cost of installing all improvements within the subdivision or, in the case of site plans, 15% of the cost of installing the public improvements, as determined by the Township Engineer. Said maintenance guaranty shall run for two years after the acceptance of said improvements by the Township Committee; provided, however, that in the case of subdivisions on private roads as permitted and regulated in § 102-167, said maintenance guaranty shall run for two years after the completion of the installation of said improvements. The maintenance guaranty shall be expressly conditioned upon the maintenance by the applicant of all such improvements during the guaranty period. The maintenance guaranty shall further guarantee the replacement of any dead or diseased shade trees and plantings.
All of the improvements listed in Article IX shall be subject to inspection and approved by the Township Engineer, who shall be notified by the developer at least 72 hours prior to the start of construction. No underground installation shall be covered until inspected and approved by said Engineer. Inspection fees are established in § 82-1D of the Township Code.