Construction pursuant to a site plan or subdivision
approval shall not commence until:
A. The applicant has paid all fees required by this Chapter;
B. The applicant has received all other governmental
approvals required by the Planning and Zoning Board of Adjustment
Resolution of Memorialization granting subdivision and/or site plan
approval.
C. All revisions to the submitted plat or plan required
by the Borough at the time of subdivision or site plan approval have
been filed with and approved by the Borough Engineer and any other
individual or group as may have been specified by the Board in the
applicable resolution of memorialization granting subdivision and/or
site plan approval;
D. The applicant's construction plans have been filed
with and approved by the Borough Engineer; and
E. The applicant has had a pre-construction meeting with
the Borough Engineer in accordance with the Land Use Ordinance, the
purpose of forecasting and resolving problems that may arise during
the time of construction.
Whenever an amount of money in excess of $5,000
is deposited by an applicant or developer with the Borough for professionals
employed by the Borough for the review of submitted applications for
development, for inspections, or to satisfy the guaranty requirements
pursuant to the Land Use Ordinance, the money, until repaid or applied
to the purposes for which it is deposited, including the applicant's
portion of the interest earned thereon, except as otherwise provided
in this section, shall continue to be the property of the applicant
or developer and shall be held in trust by the Borough in accordance
with the following:
A. The money deposited shall be held in escrow.
B. The money shall be deposited by the Borough in a banking
institution or savings and loan association in New Jersey insured
by an agency of the federal government, or in any other fund or depository
approved for such deposits by the State.
C. The money shall be deposited in an interest bearing
account at the minimum rate currently paid by the institution or depository
on time or savings deposits.
D. The Borough shall notify the applicant in writing
of the name and address of the institution or depository in which
the deposit is made and the amount of the deposit.
E. The Borough shall be required to refund an amount
of interest paid on a deposit that does not exceed $100.00. However,
if the amount exceeds $100.00, the entire amount shall belong to the
applicant or developer and shall be refunded to him by the Borough
annually or at the time the deposit is repaid or applied to the purposes
for which it was deposited, as the case may be; except that the Borough
may retain for administrative expenses a sum equivalent to not more
than 1/3 of the entire amount which shall be in lieu of all other
administrative and custodial expenses.
The Governing Body, by resolution, shall either
approve the improvements determined to be complete and satisfactory
by the Borough Engineer, or reject any or all of these improvements
upon the establishment in the resolution of cause for rejection, and
shall approve and authorize the amount of reduction to be made in
the performance guaranty relating to the improvements accepted, in
accordance with the itemized cost estimate prepared by the Borough
Engineer and appended to the performance guaranty. This resolution
shall be adopted not later than 45 days after receipt of the list
and report prepared by the Borough Engineer.
A. Upon adoption of the resolution by the Governing Body,
the obligor shall be released form all liability pursuant to its performance
guaranty, with respect to those approved improvements, except for
that portion adequately sufficient to secure completion or correction
of the improvements not yet approved; provided that 30% of the amount
of the performance guaranty posted may be retained to ensure completion
and acceptability of all improvements.
B. In the event that the obligor has made a cash deposit
with the Borough as part of the performance guaranty, then any partial
reduction granted in the performance guaranty shall be applied to
the cash deposit in the same proportion as the original cash deposit
bears to the full amount of the performance guaranty.
C. If any portion of the required improvements is rejected,
the obligor shall complete or correct such improvements and, upon
completion or correction, shall notify the Governing Body and the
same procedures shall be followed as in the first instance.
D. Prior to the Governing Body approving the final reduction
and release of the performance guaranty, all easements and open space
specified on the final plat shall be conveyed to the Borough, or such
other grantee, by deed containing a metes and bounds legal description.
The approval of any application for development
by the Borough shall in no way be construed as acceptance of any street
or drainage system or other improvement. No improvements shall be
accepted by the Governing Body unless and until all of the following
conditions have been met:
A. The final application for development shall have been
approved by the appropriate municipal Board and the developer shall
have submitted an affidavit, signed by a licensed New Jersey Board
professional land surveyor, certifying that all required monuments
have been set in accordance with the Map Filing Law and any approved
subdivision plat.
B. The Borough Engineer shall have certified in writing
that the improvements are completed and that they comply with the
requirements of this Chapter and the terms of the final application
for development approved by the Board.
C. The owner shall have filed with the Governing Body
a maintenance guaranty in an amount equal to and not more than 15%
of the cost of installing the improvements, the cost to be determined
by the Governing Body. The maintenance guaranty shall run for a period
of 2 years. The procedures and requirements governing such maintenance
guaranty shall be identical with the procedures and requirements for
a performance guaranty set forth in this Chapter. The requirements
for a maintenance guaranty may be waived by the Governing Body only
if the Borough Engineer has certified that the improvements have been
in continuous use for not less than 2 years from the date the Borough
Engineer certified completion of such improvements and that during
this period the owner has maintained the improvements in a satisfactory
manner; and,
D. An as built plan and profiles of all utilities and
roads (2 black and white prints to be sent to the Borough Engineer
plus a mylar copy and 2 black and white prints to be sent to the Administrative
Officer), with certification signed and sealed by a New Jersey licensed
professional engineer as to the actual construction as approved by
the Borough Engineer, shall be provided.
Applicants shall be required, as a condition
for approval of a subdivision, site plan or conditional use to pay
their proportionate share of the cost providing reasonable and necessary
street improvements and/or water, sewerage and drainage facility improvements,
and any necessary easements therefore located outside the property
limits of the subject premises and necessitated or required by construction
or improvements within such subdivision or development.