A.
Before final approval of a site plan, the municipal
agency may require, in accordance with the standards adopted by ordinance,
the furnishing of a performance guaranty of all or any of the following
improvements it may deem to be necessary or appropriate: street grading,
pavement, curbs, sidewalks, fire hydrants and boxes, street signs,
street-lighting, shade trees, surveyors' monuments, water mains, culverts,
bridges, storm sewers, sanitary sewers or other means of sewage disposal,
drainage facilities and easements therefor or structures and other
improvements as the municipal agency may require or deem necessary
in the public interest, even though said improvements may be required
to be located outside the property limits of the subdivision or development,
so long as same are necessitated or required by construction or improvement
within such subdivision or development, and provided further that
the developer shall not be required to pay more than his pro rata
share of the cost of such off-tract improvements.
B.
The municipal agency shall establish fair and reasonable
standards to determine the proportionate or pro rata amount of the
cost of such facilities that shall be borne by each developer or owner
within a related or common area, which standards shall not be altered
subsequent to preliminary site plan approval.
C.
The developer may pay under protest the amount determined
to be his pro rata share. However, such developer shall be required
to institute legal action within one year of such payment under protest
in order to preserve his right to a judicial determination as to the
fairness or reasonableness of the amount allocated by the municipal
agency as his pro rata share.
A.
All improvements specified by this Part 4 or required
by the municipal agency shall require the posting of a performance
guaranty to assure the installation of the required improvements prior
to approval of any final plan.
B.
Such 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, a certified check returnable to the landowner
after full compliance or other type of surety approved by the Borough
Attorney.
C.
The performance guaranty shall be approved by the
Borough Attorney as to form, sufficiency and execution.
D.
The amount of any performance guaranty may be reduced
by the Mayor and Borough Council by resolution when portions of the
improvements have been completed, and the time allowed for installation
of the improvements for which the performance guaranty has been provided
may be extended by the Mayor and Council by resolution.
E.
If the required improvements shall not have been installed
or corrected in accordance with the performance guaranty, the obligor
and surety, if any, shall be liable thereon to the Borough for the
reasonable or corrected cost of the improvements not installed or
corrected, and, upon the receipt of the proceeds thereof, the Borough
shall install such improvements.
F.
When all of the necessary and appropriate improvements
have been completed, the obligor shall notify the Mayor and Borough
Council in writing, by certified or registered mail, of the completion
of the aforesaid improvements and shall send a copy thereof to the
Borough Engineer. The governing body shall direct and authorize the
Borough Engineer to inspect all of the aforesaid improvements. The
Borough Engineer shall thereupon file a report, in writing, with the
governing body, which report shall be detailed and shall indicate
either approval, partial approval or rejection. If said improvements
or any portion thereof shall not be approved, the reports shall contain
a statement of reasons for such nonapproval or rejections. Where said
report indicates partial approval of improvements, it shall indicate
the cost of the improvements for which approval is rejected or withheld.
G.
The Mayor and Borough Council shall accept or reject
the improvements, grant partial approval or withhold approval on the
basis of such report and shall notify the obligor in writing, by certified
or registered mail, of the contents of said report and the action
of the governing body with relation thereto no later than 65 days
after receipt of 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 guaranty
bond, except for that portion adequately sufficient to secure the
improvements not yet approved.
H.
Failure by the governing body to send such notification
to the obligor within 65 days shall be deemed to constitute approval
of the improvements, and the obligor and surety shall be released
from all liability pursuant to such performance guaranty.
I.
If any portion of said improvements shall not be approved
or shall be rejected by the Borough Council, the obligor shall cause
the same to be completed, and, upon completion, the same procedure
of notification as outlined herein shall be followed.
J.
The obligor shall be responsible for all of the inspection
fees of the Borough Engineer incurred in making the foregoing inspections.
Nothing herein shall be construed to limit the right of the obligor
to contest by legal proceedings any determination of the municipal
agency or Borough Engineer. In no event shall the municipal agency
require the furnishing of a performance guaranty in an amount in excess
of 120% of the cost of installation or improvements it may deem necessary
or appropriate.
In accordance with N.J.S.A. 40:55D-53a(2), as
amended, the Borough of Ridgefield shall require the posting of a
maintenance guaranty for a period not to exceed two years after final
acceptance of the improvement, in an amount not to exceed 15% of the
cost of the improvements or of the original installation as determined
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.
