[Amended by Ord. No. 1997-29; Ord. No. 2005-3]
A.
Prior to recording of final subdivision plats or as a condition of
final site plan approval or as a condition to the issuance of a development
(zoning) permit, the Planning Board or Zoning Board of Adjustment
may require and shall accept in accordance with standards herein a
performance guarantee.
[Amended 12-16-2015 by Ord. No. 2015-33]
(1)
The guarantee shall be sufficient in amount not to exceed 120% of
the total cost to the Borough, as estimated by the Borough Engineer,
of constructing those on-site, off-site and off-tract improvements
necessary to protect adjacent property and the public interest in
the event development of the subdivision or site were not completed.
Such improvements shall include, but are not limited to, drainage
facilities necessary to protect off-tract areas from flooding, erosion
control and sedimentation control devices, required screening and
fencing, all improvements within public rights-of-way, easements and
the cost of seeding or otherwise stabilizing the site or subdivision,
streets, grading, pavement, gutters, curbs, sidewalks, streetlighting,
shade trees, surveyor's monuments, water mains, culverts, storm sewers,
sanitary sewers, drainage structures, public improvements of open
space and, in the case of site plans only, other on-site improvements
and landscaping.
(2)
The total cost shall be estimated by the Borough Engineer based on
documented construction costs for public improvements prevailing in
the general area of Red Bank. The developer may appeal the Borough
Engineer's estimate to the County Construction Board of Appeals pursuant
to N.J.S.A. 52:27D-127.
(3)
Such guarantee shall assure the installation of such improvements
on or before an agreed date, guarantee the completion of all improvements
without damage to or interference with adjacent properties or public
facilities, and hold the Borough Council and the municipal agency
and their employees and agents harmless with respect to any acts of
the developer, its agents, successors or assigns.
(4)
The total estimated cost to the Borough of constructing all improvements
shall be based upon the estimated contract construction costs, which
would prevail upon expiration of the guarantee period, and shall also
include appropriate allowances for contract-related costs such as
engineering, legal, financial and other usual costs, which shall be
estimated to be 120% of the estimated contract construction costs.
(5)
Such performance guarantee may be in the form of cash, certified
check, negotiable securities, a performance bond issued by a bonding
company or surety company approved by the Borough Council, irrevocable
letter of credit pursuant to N.J.S.A. 40:55D-53.5 or any other type
of surety acceptable to and approved by the Borough Attorney and Borough
Council, provided that at least 10% of the performance guarantee shall
be in the form of cash, certified check, or savings passbook or certificate
of deposit drawn on an insured banking institution in the State of
New Jersey; provided, however, that all rights, including the right
to interest with dividends, be assigned to the Borough in a form of
assignment acceptable to the Borough Attorney for the period of the
bond, and that the principal amount of the passbook or certificate
of deposit, together with interest, be returned to the developer upon
completion of the bonded improvements, or, in the event of default,
both interest and principal shall be used by and for the benefit of
the Borough in the completion of said improvements.
B.
If at the time the performance guarantee is filed with the Borough,
the developer has not also filed with the Borough proof that any other
necessary performance guarantees have been filed and accepted by governmental
bodies, authorities, public utility companies, and private utility
companies other than the Borough, which have jurisdiction over improvements
in the site or subdivision, the amount of the performance guarantee
shall be increased to reflect the cost of such improvements.
C.
All performance guarantees shall run to and be in favor of the Borough
of Red Bank in the County of Monmouth.
D.
The performance guarantee shall be approved by the Borough Attorney
as to form, sufficiency and execution and shall be subject to the
following conditions:
(1)
Such performance guarantee shall run for a period to be fixed by the Borough Council, but in no case for a term longer than the period of final approval (normally two years) set by N.J.S.A. 40:55D-1 et seq. and/or § 490-7L(7) of this chapter or for the time period allowed by the municipal agency for the installation of all or any portion of the improvements, whichever is shorter.
(2)
The time allowed for installation of improvements for which the performance guarantee has been provided may be extended by resolution of the Borough Council, provided that, if required, the period of final approval has been extended by the municipal agency in accordance with N.J.S.A. 40:55D-1 et seq. and/or § 490-7L(7) of this chapter, and provided further that:
(a)
Such extension shall not exceed one year; and
(b)
There shall not be more that three such extensions; and
(c)
As a condition or as part of any such extension, the amount
of any performance guarantee shall be increased or reduced, as the
case may be, to an amount not to exceed 120% of the cost of the installation
of all uncompleted improvements as determined by the Borough Engineer
as of the time of the passage of the resolution.
(3)
If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the municipality for the reasonable cost of the
improvements not completed or corrected, and the municipality may,
either prior to or after the receipt of the proceeds thereof, complete
such improvements.
E.
If during the period of the performance guarantee the developer fails
to prosecute the work of completing the improvements so as not to
create hazards to life, health, property or public safety, the Borough
may, after five days' notice, perform, or cause to be performed, any
necessary corrective work and deduct the cost thereof from the ten-percent
cash or certified check portion of the guarantee. Upon notice of any
such deduction, the developer shall, within 10 days, restore the full
ten-percent cash balance or his performance guarantee will be held
to be void and the Borough may take action as if final plat approval
has not been obtained.
F.
Upon substantial completion of all required appurtenant utility improvements,
and the connection of same to the public system, the obligor may notify
the Borough Council, in writing, by certified mail addressed in care
of the Borough Clerk, of the completion or substantial completion
of improvements and shall send a copy thereof to the Borough Engineer.
Thereupon, the Borough Engineer shall inspect all improvements of
which such notice has been given and shall file a detailed report,
in writing, with 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.
G.
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 said report and the action of said 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 its performance guarantee, except for that portion
adequately sufficient to secure provision of the improvements not
yet approved, provided that 30% of the amount of the performance guarantee
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 guarantee for such
improvements.
H.
If any portion of the required improvements are rejected, the Borough
Council may require the obligor to complete such improvements, and,
upon completion, the same procedure of notification, as set forth
in this section, shall be followed.
I.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Borough Council or the Borough Engineer.
J.
The obligor shall reimburse the Borough for all reasonable inspection fees paid to the Borough 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 reasonably anticipated fees to be paid to the Borough Engineer for such inspection, and provided further that such reasonably anticipated fees are hereby determined and set forth in § 490-10 of this chapter.
K.
In the event that final approval is by stages or sections of development
pursuant to Subsection a of Section 29 of the Municipal Land Use Act
(N.J.S.A. 40:55D-38), the provisions of this section shall be applied
by such stage or section.
[Amended by Ord. No. 1997-29]
A.
Duties of Borough Engineer, Borough Attorney and administrative officer.
No performance guarantees shall be presented for approval of the Borough
Council until the municipal officials listed below have performed
the following:
(1)
Borough Engineer. The Borough Engineer shall:
(a)
Where applicable, examine the plat map of a subdivision to make
certain that it complies with all state laws and this chapter relative
to the preparation and filing of maps or plans for the subdivision
of land.
(b)
Determine those improvements the applicant is to install to
protect the Borough, such as to provide proper drainage, streets,
curbs, signs, monuments or any other item or thing and the cost of
each, as well as the maximum time he recommends granting the applicant
to provide each item or all items.
(c)
Give the applicant all figures, dates and details required by Subsection A(1)(b) of this section so that same may be included in the bond to be furnished to the Borough; also, advise the applicant of the amount required to pay the Borough as a proper inspection, testing and administration fee.
(d)
Also state and give the nature of cash, or its equivalent, required
as a portion or all of the performance guarantee (i.e., cash, certified
check, cash escrow deposit, or other security).
(2)
Borough Attorney. The Borough Attorney shall:
(a)
Upon receipt, the Borough Attorney shall promptly examine said
bond and determine whether or not it is correct in form, content and
execution. If the bond is not correct, the Borough Attorney shall
notify the applicant and administrative officer of its shortcomings.
When the bond is or has been made correct, the Borough Attorney shall
make a written certificate to that effect to the administrative officer.
(b)
When required, determine if the landowner is an individual,
corporation or partnership; if an individual, his full name and address;
if a corporation, its correct name, date and state of incorporation,
the name of its President and Secretary and location of its principal
office in this state; if a partnership, the names and addresses of
all partners.
(3)
Administrative officer. The administrative officer shall:
(a)
Ascertain that the plat of a site plan or subdivision has been
approved by the Monmouth County Planning Board and the Borough Planning
Board or Board of Adjustment.
(b)
Ascertain that all applicable conditions of approval have been
met.
(c)
Obtain the original of all bonds (cash and surety) and confirm
that they comply with the Engineer's estimate and attorney's certificate.
(d)
Collect from the applicant the proper fee or fees, if any, payable
to the Borough in accordance with the Engineer's certificate.
(e)
Request the Borough Clerk to place the matter of approval of
bond(s) on the agenda of the next regular meeting of the Borough Council
for its consideration.
(f)
Submit copies of all bonds, attorney's certificate and fees
to the Borough Clerk for the next regular meeting of the Borough Council.
B.
Certificates: form; dating. Each of said certificates shall be dated
and written in letter form upon the stationery of the maker or of
the Borough and signed by him or his authorized agent or representative.
C.
Bond requirements. There must be attached to said bond an authority
to the surety company empowering the person or persons who executed
said bond for the surety company to do so. If the bonding company
is not a New Jersey corporation, there should also be attached to
the bond proof of its authority to do business in New Jersey and a
copy of its last financial statement, made not more than one year
before, showing its financial condition. If the principal on the bond
is a corporation, there must be attached to the bond a certified copy
of a resolution adopted by its Board of Directors authorizing the
execution and delivery of said bond. Said bond must also bear the
corporate seal of the surety company and the seal, corporate or otherwise,
of the principal.
D.
Copies. The Borough Clerk and administrative officer shall keep a
supply of copies of these bond requirements in his office for the
use of applicants and the general public.
[Amended by Ord. No. 1997-29]
A.
General requirements. Where the municipal agency determines that
off-tract improvements are necessary for the proper development and
utilization of the proposed site or subdivision and the surrounding
area, it may require either that such off-tract improvements be installed
or that the developer contribute to the installation of such off-tract
improvements. Where the municipal agency has determined that off-tract
improvements are required, it shall be a condition of the granting
of final approval that such improvements be constructed or that the
developer shall make payments toward the ultimate installation of
off-tract improvements such as, but not limited to, streets, curbs
and gutters, sidewalks, water mains, sanitary sewers, storm sewers
and culverts, monuments and streetlights, all in accordance with the
specifications governing contract improvements.
B.
Cost allocation. If the municipal agency determines that the developer
may contribute toward required off-tract improvements in lieu of such
improvements being installed, the municipal agency shall allocate
the cost of said off-tract improvements in accordance with the standards
hereinafter set forth. The improvement of a stream and/or widening
of, or the construction of drainage or other improvements in, a street
or road fronting on the tract to be subdivided and/or developed shall
not constitute an off-tract improvement, and the cost of said improvement
shall not be allocated.
(1)
The allocation of the cost of off-tract improvements shall be determined
in accordance with the following:
(a)
The municipal agency may consider the total cost of the off-tract
improvements, the benefits conferred upon the site or subdivision,
the needs created by the site or subdivision, population and land
use projects for the general areas of the site or subdivision and
other areas to be served by the off-tract improvements, the estimated
times of construction of off-tract improvements and the condition
and periods of usefulness, which periods may be based upon the criteria
of N.J.S.A. 40A:2-22. The municipal agency may further consider the
criteria set forth below.
(b)
Road, curb, gutter and sidewalk improvements may be based upon
the anticipated increase of traffic generated by the site or subdivision.
In determining such traffic increase, the municipal agency may consider
traffic patterns, quality of roads and sidewalks in the area, and
the other factors related to the need created by the site or subdivision
and anticipated thereto.
(c)
Drainage facilities may be based upon the percentage relationship
between the site or subdivision acreage and the acreage of the total
drainage basins involved or upon calculations developing the percentage
contribution that the storm runoff from a particular site or subdivision
bears to the total design capacity of any improvement; the particular
methods to be selected in each instance by the Borough Engineer.
(d)
Water supply and distribution facilities and sewage facilities
shall be based upon a proportion as determined by the current rules
and regulations or procedures of the Red Bank Borough Public Utilities
Department.
(2)
All monies received by the municipality in accordance with the provisions
of this section shall be paid to the Municipal Treasurer, who shall
provide for a suitable depository therefor. Such funds shall be used
only for the improvements serving the same purposes, unless such improvements
are not initiated for a period of five years from the date of payment,
after which time said funds shall be transferred to the capital improvement
fund of the municipality.
(3)
The apportionment of costs shall be determined by the municipal agency.
The developer shall be afforded an opportunity before said Board to
present evidence relative thereto.
C.
Assessment not precluded. Nothing in this section of the chapter
shall preclude the municipality from assessing any property benefiting
from installation of any off-tract improvements as provided in this
section pursuant to the provisions of the Revised Statutes of New
Jersey, an allowance being made to the respective parcels of realty
for payments herein.
Before any developer effectively assigns any of his interest
in any preliminary or final approval, he must notify the administrative
officer and supply detailed information with regard to the name, address,
principals, type of organization, competency, experience and past
performance of the assignee, transferee or agent. Notice of such assignment
or transfer shall be given no later than 10 days after its effective
date. The assignee must be made acquainted with all the conditions
of approval, and the developer shall so certify.
A.
No contractor, builder, developer or subcontractor shall engage any
personnel in any of the work on constructing any improvements unless
they are continually supervised by a competent, English-speaking supervisor
acceptable to the Borough Engineer.
B.
No less than five days prior to commencing construction of any improvements
on the site, the developer or his agent shall provide the Borough
Engineer with the names, addresses, phone numbers and emergency phone
numbers of the subdivider and/or a representative empowered to act
for the developer and/or each contractor and their supervisor in charge
of the construction, setting forth the aspect of construction for
which each is responsible.
C.
The developer may retain throughout the course of construction a
registered New Jersey professional engineer to supervise the implementation
of the approved subdivision or site design and to make periodic reports
to the Borough as well as to the developer regarding conformance of
the construction with the requirements of final approval.
D.
If the developer proposes to retain someone other than the engineer
who prepared the final plat to supervise construction, he shall notify
the Borough Engineer and the administrative officer of the name, address
and license number of the engineer retained. If at any time during
the course of construction the developer elects or is required to
replace the responsible engineer and/or employ additional engineers,
he shall likewise notify the Borough Engineer and the administrative
officer.
E.
The supervising engineer shall immediately notify the Borough Engineer
of any deviation (observed or proposed) from the requirements of final
approval and/or this chapter.
F.
At regular intervals during the course of construction, but not less
often than at monthly intervals, the supervising engineer shall submit
to the Borough Engineer a report listing his observations of the work
undertaken during the reporting period, specifically noting any deviation
from the requirements of final approval and/or this chapter and listing
those improvements expected to be undertaken during the next reporting
period. The developer shall accompany any request for acceptance of
public improvements and/or release of performance guarantees with
a certification by the responsible engineer attesting to the completion
of the improvements in full conformance with the requirements of final
approval and this chapter and/or specifically noting any deviation
therefrom.
A.
Inspection, testing and engineering administration fees. Prior to signing of any final plat, issuance of a development permit or the start of construction of any improvements required by the provisions of this chapter, the developer shall deposit by cash or certified check with the Borough Clerk an amount determined from the schedule under § 490-10 of this chapter. Said amount shall be used to defray the cost of inspection, testing, engineering, administration, and other costs, and fees paid by the Borough in connection with the inspection and acceptance of the installation of the required improvements. All monies received on account of engineering and inspection fees shall be deposited by the Borough Treasurer in an appropriate account. The Borough shall arrange for the Borough Engineer, the appropriate municipal officials and other qualified persons to provide all necessary administrative and engineering services. No portion of any fee shall be returned nor shall any additional fee be imposed if the actual cost of administrative and engineering services shall be less or greater than the monies received.
B.
Inspection notice. All required improvements, except those utility
improvements which are not the responsibility of the Borough, shall
be subject to inspection and approval by the Borough Engineer, who
shall be notified by the developer at least five days prior to the
initial start of construction and again 24 hours prior to the resumption
of work after any idle period exceeding one working day. All of the
utility improvements shall be subject to inspection and approval by
the owner of or agency controlling the utility, who shall be notified
by the developer in accordance with the utilities requirements. No
underground installation shall be covered until it is inspected and
approved by the owner of or agency controlling the utility or by the
Borough Engineer in all other cases.
C.
Modification of improvements. Any time, whether as a result of his
inspection of work underway or otherwise, the Borough Engineer may
recommend that the developer be required to modify the design and
extent of the improvements required, notifying the municipal agency
of his recommendations. The municipal agency shall, if it considers
such modifications to be major, or if requested by the developer or
Borough Engineer, take formal action to approve or disapprove such
recommendations; provided, however, that it must first afford the
developer an opportunity to be heard. If the agency takes no formal
action within 30 days of such recommendations, or where the developer
has not requested formal municipal agency action, its approval will
be assumed. Similarly, the municipal agency may grant or deny the
developer permission to effect such modification upon his application
and the Borough Engineer's approval. In either event, where such modification
is to be effected, the appropriate plat must be revised by the developer
or his engineer to reflect such modification and sufficient copies
thereof submitted to the administrative officer for distribution.
D.
General inspection requirements. All improvements, except as otherwise
provided, shall be subject to inspection and approval by the Borough
Engineer. No underground installation shall be covered until inspected
and approved by the Borough Engineer or those agencies having jurisdiction
over the particular installation. If such installation is covered
prior to inspection, it shall be uncovered or other inspection means
used, such as a television or other pipeline camera as may be deemed
necessary by the Borough Engineer, and charges for such work will
be paid for by the developer.
E.
Inspection not acceptance. Inspection of any work by the Borough
Engineer, or his authorized representative, shall not be considered
to be final approval or rejection of the work, but shall only be considered
to be a determination of whether or not the specific work involved
was being done to Borough specifications or other required standards
at the time of inspection. Any damage to such work or other unforeseen
circumstances such as the effect of the weather, other construction,
changing conditions, settlement, etc., between the time of installation
and the time that the developer wishes to be released from his performance
guaranty, shall be the full responsibility of the developer, and no
work shall be considered accepted until release of the performance
guaranty.
F.
Payment to contractors. No developer shall enter into any contract
requiring the Borough Council, the Borough Engineer, or any of their
agents, employees or other representatives to make any declarations,
written or otherwise, as a condition of payment of said developer
to a contractor as to the acceptance or rejection of the work. Neither
the Borough Council, the Borough Engineer nor any of their agents,
employees or representatives shall make any such declaration.
G.
Procedure on acceptance of public improvements.
(1)
When the developer has constructed and installed the streets, drainage
facilities, curbs, sidewalks, street signs, monuments and other improvements
in accordance with Borough regulations, standards and specifications
and desires the Borough to accept the said improvements, he shall,
in writing, addressed to and in a form approved by the Borough Council,
with copies thereof to the Borough Engineer, request the Borough Engineer
to make a semifinal inspection of the said improvements.
(2)
If the improvements have been constructed under a performance guaranty
after approval of a final plat, the developer shall submit an as-built
plan showing as-built grades, profiles and sections and locations
of all subsurface utilities such as french drains, combination drains,
sanitary sewage disposal systems, both public and individual waterlines
and control valves, gas lines, telephone conduits, monuments, iron
property markers, and any other utilities or improvements installed
other than as shown on the approved final plat. Said as-built plan
shall be certified to by a licensed New Jersey professional engineer.
If any improvements are constructed prior to final plat approval,
the final plat shall reflect all changes and as-built conditions and
be so certified. The as-built plan(s) shall be submitted on reproducible
media.
A.
It shall be the responsibility of the developer to maintain the entire
site or subdivision in a safe and orderly condition during construction.
Necessary steps shall be taken by the developer to protect occupants
of the site or subdivision and the general public from hazardous and
unsightly conditions during the entire construction period. These
steps shall include but are not limited to the following:
(1)
Open excavations shall be enclosed by fencing or barricades during
nonconstruction hours. Moveable barricades shall be equipped with
yellow flashing hazard markers or other lighting during the hours
of darkness.
(2)
The excavation of previously installed sidewalk and pavement areas
which provide access to occupied buildings in the site or subdivision
shall be clearly marked with signs and barricades. Alternate safe
access shall be provided for pedestrians and vehicles to the occupied
buildings.
(3)
Materials stored on the site shall be screened from the view of occupants
of the subdivision or site and adjoining streets and properties.
(4)
Construction equipment, materials and trucks shall not be stored
within 150 feet of occupied buildings in the site or subdivision and
adjoining streets and properties during nonconstruction hours.
(5)
Safe vehicular and pedestrian access to occupied buildings in the
site or subdivision shall be provided at all times.
(6)
Construction activities which create obnoxious and unnecessary dust,
fumes, odors, smoke, vibrations or glare noticeable in occupied buildings
in the subdivision or site and adjoining properties and streets shall
not be permitted.
(7)
Construction activities which will result in damage to trees and
landscaping in occupied buildings in the site or subdivision or adjoining
properties shall not be permitted.
(8)
All locations and activities in the site or subdivision which present
potential hazards shall be marked with signs indicating the potential
hazard.
(9)
Unsightly construction debris, including scrap materials, cartons,
boxes and wrappings, must be removed daily at the end of each working
day.
(10)
Whenever construction activities take place within or adjacent
to any traveled way or interfere with existing traffic patterns in
any manner, suitable warning signs, conforming to the requirements
of the Uniform Manual on Traffic Control Devices, will be erected
and maintained by the developer.
B.
Should the developer fail in his obligation to maintain the site
or subdivision in a safe and orderly condition, the Borough may, on
five days' written notice or immediately in the case of hazard to
life, health or property, undertake whatever work may be necessary
to return the site or subdivision to a safe and orderly condition
and deduct the cost thereof from the ten-percent cash or certified
check portion of the performance guaranty. Upon notice of such deduction,
the developer shall, within 10 days, restore the full ten-percent
cash balance or his performance guaranty will be held to be void and
the Borough may take action as if final plat approval had not been
obtained.
C.
The Construction Official shall, upon receiving notice from the Borough
Engineer that a developer is in violation of this section, suspend
further issuance of certificates of occupancy and building permits
and may order cessation of work on any outstanding permits.
A.
No permanent certificate of occupancy shall be issued for any use
or building until all required improvements are installed and approved
by the Borough Engineer or other appropriate authority.
B.
No temporary certificate of occupancy shall be issued for any use
or building involving the installation of utilities or street improvements,
parking areas, buffer areas, storm drainage facilities, other site
improvements, the alteration of the existing grade on a lot or the
utilization of a new on-site well or sanitary disposal system, unless
the Borough Engineer or other appropriate authority shall have, where
applicable, certified to the following:
(1)
Utilities and drainage. All utilities, including, but not limited
to, water, gas, storm drains, sanitary sewers, electric lines and
telephone lines, shall have been properly installed, and service to
the lot, building or use from such utilities shall be available.
(2)
Street rights-of-way. All street rights-of-way necessary to provide
access to the lot, building or use in question shall have been completely
graded, and all slope retaining devices or slope planting shall have
been installed.
(3)
Sidewalks. All sidewalks necessary to provide access to the lot,
building or use in question shall have been properly installed.
(4)
Streets. Curbing and the bituminous base course of bituminous concrete
streets or the curbing and pavement course for portland cement concrete
streets necessary to provide access to the proposed lot, building
or use shall have been properly installed.
(5)
Curbing and parking areas. Curbing and the bituminous base course
of parking areas necessary to provide access to the required number
of parking spaces for the building or use in question shall have been
properly installed.
(6)
Obstructions. All exposed obstructions in parking areas, access drives
or streets such as manhole frames, water boxes, gas boxes and the
like shall be protected by building to the top of such exposure with
bituminous concrete as directed by the Borough Engineer.
(7)
Screening, fences and landscaping. All required screening, fencing
and/or landscaping related to the lot, building or use in question
shall have been properly installed unless the Borough Engineer, upon
the advice of the municipal agency, shall direct the developer to
delay the planting of screening and landscaping until the next planting
season in order to improve the chances of survival of such plantings.
(8)
Site grading. All site grading necessary to permit proper surface
drainage and prevent erosion of soils shall have been completed in
accordance with the approved soil disturbance plans.
(9)
On-site wells. All on-site wells have been installed, tested and
approved by the Board of Health.
(10)
On-site sanitary disposal system. All on-site sanitary disposal
systems shall have been installed and approved by the Board of Health.
(11)
Public water supply. Where the proposed lot, building or use
is served by a public water supply, said supply shall have been installed
and tested, and all required fire hydrants or fire connections shall
have been installed and tested and approved.
(12)
Lighting. All outdoor lighting shall have been installed and
shall be operational.
(13)
Street signs and traffic control devices. All street signs,
paint lining and/or traffic control devices affecting the proposed
lot, building or use, and required under the terms of approval of
a subdivision or site plan or by federal, state, county or municipal
rules, regulations or laws, shall have been installed.
(14)
Other. Any other conditions established for issuance of a certificate
of occupancy by the municipal agency as a condition of final site
plan approval shall be complied with.
C.
Temporary certificates of occupancy shall be issued for a specified
period of time, not to exceed one year, and the applicant shall post
a cash guarantee with the Borough in an amount equal to the Borough's
cost, as estimated by the Borough Engineer, of constructing all uncompleted
improvements prior to the issuance of any such temporary certificate
of occupancy.
A maintenance guarantee shall be furnished by the developer upon release of the performance guarantee, acceptance of public improvements by the Borough Council and/or approval of site improvements by the Borough Engineer. The developer may elect to furnish such maintenance guarantee either by maintaining on deposit with the Borough the ten-percent cash or certified check portion of the performance guarantee provided in accordance with § 490-69 of this chapter or by a bond issued by a bonding company or surety company, or other type of surety acceptable to and approved by the Borough Attorney and Borough Council in an amount equal to 15% of the total performance guarantee provided in accordance with § 490-69 of this chapter. The maintenance guarantee shall begin with the release of the performance guarantee and shall run for a period of two years. The maintenance guarantee shall be to the effect that the applicant, developer, owner or user guarantees the complete maintenance of all improvements for a period of two years from the release of his performance guarantee. Should he fail in his obligation to properly maintain all improvements, the Borough may, on 10 days' written notice or immediately in the case of hazard to life, health or property, proceed with necessary repair or replacement of any unacceptable improvements and charge the cost thereof against the guarantee. At the end of the maintenance guarantee, the cash or certified check on deposit will be returned to the subdivider less any sums, properly documented by the Borough, which have been expended to repair or replace any unsatisfactory improvements.
