Borough of Kenilworth, NJ
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2023-12-27
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Part II: General Legislation
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Chapter 120 Land Use
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Part 2 Subdivision and Site Plan Review
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Article 13 Performance Guarantees
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 5 Administration of Government
- Ch 6 Access to Public Records
- Ch 7 Americans With Disabilities Act Compliance
- Ch 8 Checks, Returned
- Ch 10 Claims Approval; Payroll Accounts
- Ch 12 Consumer Affairs, Office of
- Ch 13 (Reserved)
- Ch 14 Court
- Ch 14A Defense and Indemnification
- Ch 15 Departmental Structures
- Ch 16 Drug-Free Zones
- Ch 17 Environmental Commission
- Ch 21 Firemen's Survivors' Pensions
- Ch 23 (Reserved)
- Ch 25 (Reserved)
- Ch 30 (Reserved)
- Ch 32 Length of Service Awards Program
- Ch 33 Library Trustees
- Ch 37 Personnel Policies
- Ch 39 Police Department
- Ch 41 Recreation, Department of
- Ch 43 Salaries and Compensation
- Ch 45 Sewerage Authority
- Ch 46 (Reserved)
- Ch 48 Traffic Bureau
- Part II: General Legislation
- Ch 55 Alarm Devices
- Ch 57 Alcoholic Beverages
- Ch 59 Amusements, Coin-Controlled
- Ch 63 (Reserved)
- Ch 66 Bicycles
- Ch 71 Buildings, Unfit
- Ch 73 Business Operations
- Ch 75 Cats
- Ch 78 Construction Codes, Uniform
- Ch 80 (Reserved)
- Ch 83 Dogs
- Ch 87 Entertainment and Amusement Places
- Ch 88 (Reserved)
- Ch 91 Fees and Licenses
- Ch 93 Filming
- Ch 94 Fire Prevention
- Ch 97 Fireworks and Firearms
- Ch 98 Flood Damage Prevention
- Ch 100 Food Handling Establishments
- Ch 102 Games of Chance
- Ch 104 Garage Sales
- Ch 106 Garbage, Rubbish, Refuse and Recycling
- Ch 108 Gasoline Stations
- Ch 109 Graffiti
- Ch 110 (Reserved)
- Ch 112 Grading, Excavations and Landfills
- Ch 114 Hazardous Materials
- Ch 116 Industrial Waste
- Ch 118 Insurance
- Ch 120 Land Use
- Ch 120 Pt 2 Art 13 Performance Guarantees
- § 120-13.1 Guarantees required.
- § 120-13.2 Amount.
- § 120-13.3 Partial release.
- Ch 121 Library
- Ch 125 Littering
- Ch 127 Loitering
- Ch 129 Massage and Bodywork Establishments
- Ch 131 Senior Center, Use of
- Ch 134 Nuisances
- Ch 138 Obscene Material and Acts
- Ch 140 (Reserved)
- Ch 141 Parks and Recreation
- Ch 142 Peace and Good Order
- Ch 144 Peddling and Soliciting
- Ch 150 Property Maintenance
- Ch 154 Retail Sales
- Ch 158 Sewers
- Ch 160 Shopping Carts
- Ch 163 (Reserved)
- Ch 165 Smoke Detectors and Lock Boxes
- Ch 166 Smoking
- Ch 167 Soil Erosion and Sediment Control
- Ch 169 Stormwater Control
- Ch 170 Streets and Sidewalks
- Ch 174 (Reserved)
- Ch 176 Taxation
- Ch 177 (Reserved)
- Ch 179 Taxicabs
- Ch 181 Tennis Courts
- Ch 181A Towing
- Ch 181B Towing, Police-Requested
- Ch 182 (Reserved)
- Ch 185 Trees
- Ch 186 Unmanned Aircraft/Drones
- Ch 190 Vehicles and Traffic
- Ch 194 Wildlife Feeding
- Ch 197 (Reserved)
- Part III: Board Of Health Legislation
- Ch 199 General Provisions, Board of Health
- Ch 202 Food and Beverage Vending: Licensing of
- Ch 207 Nuisances, Public Health
- Ch 212 Sanitary Standards
- Ch 213 Tanning Facilities
- Ch 214 Body Art Establishments
- Appendix
- Ch A216 (Reserved)
- Ch A217 Cable Television Franchise
- Ch A218 Public Utilities
- Disposition List
- Ch DL Disposition List
A.
Performance guarantees shall be provided in accordance with this
chapter.
B.
In addition, 10% thereof shall be deposited in cash or by certified
check with the Borough Clerk, conditioned upon the developer providing
streetlighting, sidewalks, shade trees, surveyors monuments, iron
pipe lot markers and such other subdivision improvements as the Borough
Council and Board may find necessary or appropriate in the public
interest. The deposit, or a portion thereof, in an amount as certified
in writing by the Borough Engineer and approved by the Council, may
be expended by the Borough if, within 30 days after written notice
from the Borough Engineer, the developer shall fail to provide a stated
improvement of a type necessary or appropriate for the public interest.
The Borough shall be obligated to return only the unexpended portion
of the deposit to the developer, which condition shall be agreed to
in writing by the developer prior to consideration of the final approval.
The amount of the performance guarantee is in accordance with § 120-6.5.
The Board, upon application by the developer, may recommend
to the Borough Council the reduction of the amount of the performance
guarantee up to 70% upon certification, in writing, by the Borough
Engineer that certain portions of the required improvements and Planning
Board conditions have been properly completed and upon the posting
of proper guarantees and maintenance bonds, provided that the remaining
performance guarantees and maintenance bonds are adequate to insure
completion of the remaining improvements.
