A.
Prior to the granting of final approval, the subdivider
shall have installed or shall have furnished performance guaranties for the
ultimate installation of the following, which installation shall be under
the supervision and subject to the approval of the Borough Engineer:
(1)
Streets:
(a)
The streets shall be at least 50 feet in width, divided
into 6/10 of the width for roadway and two sidewalk areas, each 2/10 of the
total width.
(b)
The sidewalk areas and roadway shall be graded to the
proper elevation.
(c)
Not less than 6/10 of the roadway width, that is 3/10
on either side of the center line, shall be paved as follows:
[1]
All streets constructed shall be a three-inch thick bituminous
penetration macadam surface course on a five-inch thick macadam base course
constructed wholly in accordance with the current New Jersey State Highway
Department Specifications and amendments for similar work.
[2]
The macadam base course shall be five inches compacted
of two-and-one-half-inch size broken stone bound with Grade B screenings or
of two-and-one-half-inch size quarry blend stone. When quarry blend stone
is used, sufficient binder material shall be in the mixture to bind the larger
stones to the satisfaction of the Engineer.
[3]
The subgrade shall be firm, smooth and in properly finished
condition and not wet nor frozen when the base course is about to be placed.
The broken stone shall be spread on the subgrade in a layer of the proper
depth and shall be compacted with a three-wheel power roller having a load
of not less than 330 pounds per linear inch of tread of rear wheels, until
thoroughly compacted. The binder shall be spread over the broken stone and
swept and rolled into the voids; care must be taken to avoid a surface crust.
Binder shall be spread, swept and rolled as many times as may be necessary
to fill all voids and until the broken stone ceases to sink or creep under
the roller. No rolling shall be done when the binder is wet, nor shall the
binder be stored or dumped on the base stone. If during the construction the
subgrade material is forced below its proper level or pushed up into the stone,
the material shall be removed and replaced with macadam subbase to stabilize
the subgrade to the satisfaction of the Engineer. The finished macadam base
course shall form a hard, smooth surface true to lines and grades.
[4]
The penetration macadam surface course shall be three
inches compacted of one-and-one-half-inch, five-eighths-inch or one-half-inch
and three-eighths-inch size broken stone, constructed by the hot application
method using asphalt cement Grade NA-4, OA-4 or T-4 or tar Grade RT-11 or
12 and asphalt RC-2 or 3 or tar RT-7 or 8 for the third application.
[5]
The surface course shall be constructed on the macadam
base course which shall be dry, free from frost, clean, free from loose adhering
foreign materials and properly finished at the time the surface course is
placed thereon. All rolling shall be done with a three-wheel power roller
having a load of not less than 330 pounds per linear inch of tread of rear
wheels. The broken stone shall be spread in a layer of the proper depth, leveled
and then rolled until thoroughly compacted to the proper grade and contour,
and then the surface shall not be used for any purpose until the bituminous
material is applied. The first application shall then be applied at the rate
of 2.0 to 2.25 gallons per square yard of surface from an approved pressure
distributor. While the bituminous binder is still liquid it shall be covered
with a uniform layer of five-eighths-inch or one-half-inch clean dry broken
stone, just sufficient to fill the surface voids and permit of rolling without
backing up, and shall be thoroughly rolled until the material is thoroughly
embedded and there is no perceptible movement under the roller wheels.
[6]
Immediately after the completion of the above rolling,
a second application of bituminous binder shall be applied at the rate of
from 0.5 to 0.75 gallons per square yard, and shall be covered with a layer
of three-eighths-inch size clean dry broken stone. The surface shall then
be rolled and dragged until it has the proper density, crown and grade, after
which it shall be opened to traffic. After 45 days' use by traffic, the
surface shall be swept with a power broom to remove all dirt and other debris,
and a third application of the bituminous material shall be made at the rate
of 0.35 gallons per square yard, and it shall be covered immediately with
three-eighths-inch size broken stone at the rate of not less than 25 pounds
per square yard and shall immediately thereafter be rolled and dragged.
(2)
Curbs and/or gutters where deemed necessary for the protection
of the street or adjoining property.
(3)
Sidewalks, where deemed necessary.
(4)
Shade trees, to be located on the street line so as not
to interfere with utilities or sidewalks, the type and location to be as recommended
by the Borough Shade Tree Committee.
(5)
Topsoil protection. No topsoil shall be removed from
the site or used as spoil. Top soil moved during the course of construction
shall be redistributed so as to provide at least six inches of cover to all
areas of the subdivision and shall be stabilized by seeding and planting.
(7)
Water mains and connections to curblines, culverts, storm
sewers and sanitary sewers, if a public sewer system is available. All such
installations shall be properly connected with an approved system and shall
be adequate to handle all present and probable future development, but in
no instance shall water mains be smaller than six inches in diameter.
B.
All of the above listed improvements shall be subject
to inspection and approval by the Municipal Engineer who shall be notified
by the developer at least 24 hours prior to the start of construction. No
underground installation shall be covered until inspected and approved.
A.
No final plat shall be recommended by the Planning Board
for approval by the Mayor and Council until the completion of all such required
improvements has been certified to the Planning Board by the Municipal Engineer,
unless the subdivision owner shall have filed with the municipality a performance
guaranty sufficient in amount to cover the cost of all such improvements or
uncompleted portions thereof as estimated by the Municipal Engineer, and assuring
the installation of such uncompleted improvements on or before an agreed date.
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 governing body; a
certified check, returnable to the subdivider after full compliance; or any
other type of surety approved by the Mayor and Council.
B.
The performance guaranty shall be approved by the Municipal
Attorney as to form, sufficiency and execution. Such performance guaranty
shall run for a period to be fixed by the Planning Board but, in no case,
for a term of more than three years. However, with the consent of the owner
and the surety, if there be one, the governing body may by resolution extend
the term of such performance guaranty for an additional period not to exceed
three years. The amount of the performance guaranty may be reduced by the
governing body by resolution when portions of the required improvements have
been installed.
C.
If the required improvements have not been installed
in accordance with the performance guaranty, the obligor and surety shall
be liable thereon to the municipality for the reasonable cost of the improvements
not installed, and upon receipt of the proceeds thereof the municipality shall
install such improvements.