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.
A. 
All site improvements and utility installations for site plans, subdivisions, plot plans and other realty improvements shall be inspected during the time of their installation under the supervision of the Borough Engineer to insure satisfactory completion. The cost of said inspection shall be the responsibility of the developer who shall deposit with the Borough Chief Financial Officer inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of the improvements as determined by the Borough Engineer.
(1) 
For those developments for which the responsible anticipated inspection fees are less than $10,000.00 the fees may, at the option of the developer, be paid in 2 installments. The initial amount deposited by the developer shall be 50% of the reasonably anticipated fees.
(2) 
For those developments for which the reasonable anticipated inspection fees are $10,000.00 or greater, the fees may, at the option of the developer, be paid in 4 installments. The initial amount deposited by the developer shall be 25% of the reasonably anticipated fees. When the balance of deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspections, the developer shall make additional deposits of 25% of the anticipated inspection fees.
B. 
The inspection escrow shall be deposited by the Chief Financial Officer, or their designee, in an account for such purposes under the sole control of the Borough. Said inspection escrow may be commingled with similar escrows from other developers, but accurate accounts and records shall be kept to identify the particular escrows and charges made against the same.
C. 
The inspection escrow funds shall be used solely for payment of the inspection fees, expenses and costs on behalf of the Borough during the course of construction by the Borough Engineer for preparation of bond reduction resolutions and approval of guarantees. The Borough Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. Failure of the developer to deposit the required inspection fees will subject the developer to a “stop-work” order and/or suspension of construction permits.
D. 
In no case shall any paving work be done without permission from the Borough Engineer. At least 2 working days notice shall be given to the Borough Engineer prior to any construction so that they, or a qualified representative, may be present at the time the work is to be done.
E. 
Streets shall not be paved with a top course until all heavy construction is completed and, if determined by the Borough Engineer to be necessary, the macadam base course has first been restored. Shade trees shall not be planted until all grading and earth moving is completed. The placing of surveyor's monuments shall be among the last operations.
F. 
The Borough Engineer's office shall be notified at least 2 working days prior to the commencement of the following phases of work so that he, or a qualified representative, may inspect the work:
(1) 
Road subgrade
(2) 
Curb and gutter forms
(3) 
Curbs and gutters
(4) 
Road paving
(5) 
Sidewalk forms
(6) 
Sidewalks
(7) 
Drainage pipes and other drainage construction
(8) 
Street name signs
(9) 
Monuments
(10) 
Sanitary sewers and pump stations
(11) 
Detention and/or retention basins
(12) 
Topsoil, seeding and planting
(13) 
Underground utilities
(14) 
Potable water facilities
G. 
Any improvement installed contrary to the plan or plat approved by the Borough shall constitute just cause to void the municipal approval.
H. 
Any improvement installed without notice for inspection shall constitute just cause for:
(1) 
Removal of the uninspected improvement;
(2) 
The payment by the developer of any costs for material testing;
(3) 
The restoration by the developer of any improvements disturbed during any material testing; and/or
(4) 
The issuance of a “stop-work” order by the Borough Engineer pending the resolution of any dispute.
I. 
Inspection by the Borough of the installation of improvements and utilities shall not subject the Borough to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractor, if any.
J. 
Upon substantial completion of all required street improvements, except for the top course, and appurtenant utility improvements and the connection of same to the public system, the obligor may request of the Governing Body in writing, care of the Borough Clerk, that the Borough Engineer prepare, in accordance with the itemized cost estimate appended to the performance guaranty, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Borough Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. The Borough Engineer shall inspect all the improvements covered by the obligor's request and shall file a written detailed list and report with the Governing Body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
K. 
The list prepared by the Borough Engineer pursuant to the above, shall state, in detail with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Borough Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guaranty in accordance with the itemized cost estimate appended to the performance guaranty.
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.