A.
Before recording of final subdivision plats or as
a condition of final site plan approval or as a condition to the issuance
of a zoning permit pursuant to N.J.S.A. 40:55D-65, the Planning Board
may require and shall accept in accordance with the standards set
forth herein, for the purpose of assuring the installation and maintenance
of on-tract improvements:
1.
The furnishing of a performance guarantee in favor
of the Borough of Monmouth Beach in an amount not to exceed 120% of
the cost of installation, which cost shall be determined by the Borough
Engineer for improvements which the Planning Board may deem necessary
or appropriate including streets, curbs, grading, pavement, gutters,
sidewalks, street lighting, surveyor's monuments, as shown on the
final plat and required by the Map Filing Law (N.J.S.A. 46:23-9.9
et seq.), water mains, culverts, storm sewers, sanitary sewers or
other means of sewage disposal, drainage structures, erosion control
and sedimentation control devices, public improvements of open space
and, in the case of site plans only, other on-site improvements and
landscaping. [8/9/1994]
a.
The Borough Engineer shall prepare an itemized cost
estimate of the improvements covered by the performance guarantee,
which itemized cost estimate shall be appended to each performance
guarantee posted by the obligor. [8/9/1994]
b.
The performance guarantee shall consist of a developer's
agreement, the terms of which shall concern the general development
of the tract; 90% of the guarantee amount by: (a) cash, by means of
a bank or treasurer's check, (b) a performance bond issued by a bonding
or surety company approved by the Board of Commissioners as to form
and content, (c) an irrevocable standby letter of credit, in a form
prepared or approved by the Borough Attorney, (d) negotiable securities
or (e) other security as may be approved by the Borough Attorney and
Board of Commissioners; plus 10% of the performance guarantee amount
in cash, certified check, savings passbook or certificate of deposit
drawn on an insured banking institution in the State of New Jersey;
provided 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 the interest and principal shall
be used by and for the benefit of the Borough in the completion of
said improvements. [8/9/1994]
c.
An irrevocable letter of credit shall only be accepted
if it: (i) constitutes an unconditional payment obligation of the
issuer running solely to the Borough for an express initial period
of time in the amount required; (ii) is issued by a banking or savings
institution authorized to do so and doing business in the State of
New Jersey; (iii) is for a period of time of at least one year; and
(iv) permits the Borough to draw upon the letter of credit if the
obligor fails to furnish another letter of credit which complies with
the provisions of this Section 30 days or more in advance of the expiration
date of the letter of credit or such longer period in advance thereof
as is stated in the letter of credit. All guarantees posted herein
shall be in addition to and not in substitution for the developer's
primary responsibility to install the improvements and complete the
subdivision in accordance with all rules, regulations, standards,
specifications, and Ordinances of the Borough. [8/9/1994]
d.
A performance guarantee shall assure the installation
of 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 Board of Commissioners
and the Planning Board and their employees and agents harmless with
respect to any acts of the developer, its agents, successors or assigns.
[8/9/1994]
e.
All performance guarantee amounts shall be computed
by the Borough Engineer based on the documented construction costs
for public improvements prevailing in the general area of the Borough.
The developer may appeal the Borough Engineer's estimate to the Board
of Commissioners. The Board of Commissioners shall decide the appeal
within 45 days of the appeal in writing by the Borough Clerk. After
the developer posts a guarantee with the Borough based on the cost
of installation of improvements as determined by the Board of Commissioners,
he may institute legal action within one year of the posting in order
to preserve the right to a judicial determination as to the fairness
and reasonableness of the amount of the guarantee. [8/9/1994]
2.
Provision for a maintenance guarantee to be posted
with the Board of Commissioners for a period not to exceed two years
after final acceptance of the improvement, in an amount not to exceed
15% of the cost of the improvement, which cost shall be determined
by the Borough Engineer. In the event that other governmental agencies
or public utilities automatically will own the utilities to be installed
or the improvements are covered by a performance or maintenance guarantee
to another governmental agency, no performance or maintenance guarantee,
as the case may be, shall be required by the Borough for such utilities
or improvements. If at the time the performance guarantee or maintenance
guarantee is filed with the Borough, the developer has not also filed
with the Borough proof that any other necessary performance guarantees
or maintenance 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 guarantee shall be increased
to reflect the cost of such improvements. [8/9/1994]
B.
A performance guarantee shall run for a period to
be fixed by the Board of Commissioners, but in no case for a term
of more than two years. The time allowed for installation of the improvements
for which the performance guarantee has been provided may be extended
by the Board of Commissioners by resolution. 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, which cost shall be
determined by the Borough Engineer according to N.J.S.A. 40:55D-53.
[8/9/1994]
C.
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 Borough for the
reasonable cost of the improvements not completed or corrected and
the Borough may either prior to or after the receipt of the proceeds
thereof complete such improvements. Such completion or correction
of improvements shall be subject to the public bidding requirements
of the "Local Public Contracts Law" (N.J.S.A. 40A:11-1 et seq.). [8/9/1994]
D.
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 Board of Commissioners in writing, by certified mail addressed
in care of the Borough Clerk that the Borough Engineer prepare, in
accordance with the itemized cost estimate prepared by the Borough
Engineer and appended to the performance guarantee pursuant to Subsection
30-7A,1a, above, 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. [8/9/1994]
1.
At the time of the request, the obligor is to file
with the Borough Engineer the surveyor's monument certification; signed
and sealed as-built construction plans; and, if not previously provided,
deed(s) of dedication for roads, detention basin lots, open space
areas, easements or other land areas to be dedicated to the Borough
all of which shall be subject to review and approval by the Borough
Engineer and Borough Attorney. [8/9/1994]
2.
The Borough Engineer shall inspect all improvements
covered by the obligor's request and shall file a detailed list and
report, in writing, with the Board of Commissioners, and shall simultaneously
send a copy thereof to the obligor not later than 45 days after the
Engineer's receipt of the obligor's request. [8/9/1994]
3.
The list prepared by the Borough Engineer 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 guarantee relating to the completed and satisfactory
improvement, in accordance with the itemized cost estimate prepared
by the Borough Engineer and appended to the performance guarantee.
[8/9/1994]
E.
The Board of Commissioners, by resolution, shall either
approve the improvements determined to be complete and satisfactory
by the Borough Engineer, or reject any or all of those 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 guarantee relating to the improvements accepted, in
accordance with the itemized cost estimate prepared by the Borough
Engineer and appended to the performance guarantee. This resolution
shall be adopted not later than 45 days after receipt of the list
and report prepared by the Borough Engineer. Upon adoption of the
resolution by the Board of Commissioners, the obligor shall be released
from all liability pursuant to its performance guarantee, 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
guarantee posted shall be retained to ensure completion and acceptability
of all improvements. [8/9/1994]
1.
If the Borough Engineer fails to send or provide the
list and report as requested by the obligor within 45 days from receipt
of the request, the obligor may apply to the court in a summary manner
for an order compelling the Borough Engineer to provide the list and
report within a stated time and the cost of applying to the court,
including reasonable attorney's fees, may be awarded to the prevailing
party. [8/9/1994]
2.
If the Board of Commissioners fails to approve or
reject the improvements determined by the Borough Engineer to be complete
and satisfactory or reduce the performance guarantee for the complete
and satisfactory improvements within 45 days from the receipt of the
Borough Engineer's list and report, the obligor may apply to the court
in a summary manner for an order compelling within a stated time,
approval of the complete and satisfactory improvements and approval
of a reduction in the performance guarantee for the approvable, complete
and satisfactory improvements in accordance with the itemized cost
estimate prepared by the Borough Engineer and appended to the performance
guarantee; and the cost of applying to the court, including reasonable
attorney's fees, may be awarded to the prevailing party. [8/9/1994]
3.
In the event that the obligor has posted cash with
the Borough as part of the performance guarantee, then any partial
reduction granted in the performance guarantee pursuant to this section
shall be applied to the cash deposit in the same proportion as the
original cash deposit bears to the full amount of the performance
guarantee. [8/9/1994]
F.
If any portion of the required improvements is rejected,
the Board of Commissioners may require the obligor to complete or
correct such improvements and, upon completion or correction, the
same procedure of notification, as set forth above shall be followed.
[8/9/1994]
G.
Nothing herein, however, shall be construed to limit
the right of the obligor to contest by legal proceeding any determination
of the Board of Commissioners or the Borough Engineer. [8/9/1994]
H.
The developer shall reimburse the Borough for all
reasonable inspection fees paid to the Borough Engineer for the foregoing
inspection of improvements; provided that the Borough shall require
of the developer a deposit for the inspection fees in an amount not
to exceed, except for extraordinary circumstances, the greater of
$500 or 5% of the cost of improvements. For those developments for
which the reasonably anticipated fees are less than $10,000, fees
may, at the option of the developer, be paid in two installments.
The initial amount deposited by a developer shall be 50% of the reasonably
anticipated fees. When the balance on 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 inspection,
the developer shall deposit the remaining 50% of the anticipated inspection
fees. For those developments for which the reasonably anticipated
fees are $10,000 or greater, fees may, at the option of the developer,
be paid in four installments. The initial amount deposited by a developer
shall be 25% of the reasonably anticipated fees. When the balance
on 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 inspection, the developer shall make
additional deposits of 25% of the reasonably anticipated fees. The
Borough Engineer shall not perform any inspection if sufficient funds
to pay for those inspections are not on deposit. [8/9/1994]
I.
In the event that final approval is by stages or sections
of development, the provisions of this section shall be applied by
stages or section. [8/9/1994]
J.
All guarantees, sureties, and lending institutions
are subject to the approval of the Borough Attorney. [8/9/1994]
K.
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
10% cash or certified check portion of the guarantee. Upon notice
of any such deduction, the developer shall, within 10 days, restore
the full 10% cash balance or his performance guarantee will be held
to be void and the Borough may take action as if final plat approval
had not been obtained. [8/9/1994]
A.
Duties of Borough Engineer, Borough Attorney and Borough
Clerk. No performance guarantees shall be presented for approval of
the Board of Commissioners until the municipal officials listed below
have performed the following and make certification of their performance,
in writing to the Board of Commissioners.
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.
Ascertain that the plat of a site plan or subdivision
has been approved by the Monmouth County and Monmouth Beach Planning
Boards.
c.
Determine those acts or things that the applicant
is to do 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 it recommends granting the
applicant to provide such item or all items.
d.
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.
e.
Give the applicant a form of the surety company bond required by the Borough, and all figures dates and details required by Section 30-7.2A,1c above 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.
g.
The Borough Engineer's certificate shall also state
and give the nature of cash, or its equivalent, deposited as a portion
or all of the performance guarantee (i.e., cash, certified check,
cash escrow deposit, or other security).
2.
Borough Attorney. Upon the receipt from the Borough
Engineer of the surety bond and Engineer's certificate, 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 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 Board of Commissioners.
Thereupon said Attorney shall deliver the bond and Engineer's and
Attorney's certificates to the Borough Clerk.
3.
Borough Clerk. Upon the receipt from the Borough Attorney
of the bond and certificates of the Engineer and Attorney, the Borough
Clerk shall:
a.
Collect from the applicant the proper fee or fees,
if any, payable to the Borough in accordance with the Engineer's certificate.
b.
Place the matter of approval of bond(s) on the agenda
of the next regular meeting of the Board of Commissioners for its
consideration.
c.
Submit the bond, certificate and fees to the Board
of Commissioners at the next regular meeting of said Board.
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 of 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 conditions. 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 shall keep a supply of copies
of these bond requirements in his office for the use of applicants
and the general public.
A.
General requirements. Where the Planning Board determines
that the 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 (1) that such off-tract improvements be
installed or (2) that the developer contribute to the installation
of such off-tract improvements. Where the Planning Board 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 street lights, all in accordance with
the specifications governing on-tract improvements.
B.
Cost allocation. If the Planning Board determines
that the developer may contribute toward required off-tract improvements
in lieu of such improvements being installed, the Planning Board 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 Planning Board 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 protects 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 Planning Board 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 Planning
Board may consider traffic counts, existing and projected 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 improvements
the particular methods to be selected in each instance by the Borough
Engineer.
d.
Sewage facilities shall be based upon a proportion
as determined by the current rules and regulations of the Northeast
Monmouth Regional Sewerage Authority.
e.
Water supply and distribution facilities may be based
upon the current rules and regulations governing the particular utility
supplying water service.
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 for which they are deposited
or improvements serving the same purposes unless such improvements
are not intended 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 Planning Board. 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 of 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 Planning Board of the
names, 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 Planning
Board.
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 supervising 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 administrative fees. Prior to signing of any final plat, issuance of a development permit or the start of any construction of any improvements required by the provision of this chapter, the developer shall deposit by cash or certified check with the Borough Clerk, an amount determined pursuant to Section 30-7.1H 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 as general revenue as provided by law. The Borough shall provide appropriate budget items to cover the cost of all necessary administrative and engineering services. [8/9/1994]
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.
Modifications of improvements. At 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 Planning
Board of his recommendations. The Planning Board 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 Board takes no formal
action within 30 days of such recommendations, or where the developer
has not requested formal Planning Board action, its approval will
be assumed. Similarly, the Planning Board 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 Board of Commissioners, 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 Board of Commissioners, the Borough Engineer
nor any of their agents, employees or representatives shall make any
such declaration.
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 non-construction 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 non-construction
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 on 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 10% cash or certified check portion
of the performance guaranty. Upon notice of such deduction, the developer
shall, within 10 days, restore the full 10% 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
nor 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 plantings
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 exposures 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 Environmental Commission, 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 ensure
proper surface drainage and prevent erosion of soils shall have been
completed in accordance with the approved soil disturbance plan.
9.
On-site wells. All on-site wells have been installed,
tested and approved by the Board of Health.
10.
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.
11.
Lighting. All outdoor lighting shall have been installed
and shall be operational.
12.
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.
13.
Other. Any other conditions established for issuance
of a Certificate of Occupancy by the Planning Board 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 cost, to the Borough, of constructing all uncompleted improvements,
prior to the issuance of any such temporary Certificate of Occupancy.
A maintenance guarantee shall be posted with the Board of Commissioners for a period not to exceed two years after final acceptance of improvements. The maintenance guarantee shall be in an amount not to exceed 15% of the cost of the improvements, which cost shall be determined by the Borough Engineer. The developer may elect to furnish such maintenance guarantee either (1) by maintaining on deposit with the Borough the 10% cash or certified check portion of the performance guarantee provided in accordance with Section 30-7.1 of this Article, (2) by a bond issued by a bonding company or surety company, (3) by an irrevocable letter of credit subject to the provisions of Section 30-7.1A,lc of this Article, or (4) by any other type of surety acceptable to and approved by the Borough Attorney and the Board of Commissioners in an amount equal to 15% of the cost of the improvements. 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 obligor less any sums, properly documented by the Borough, which have been expended to repair or replace any unsatisfactory improvements. [8/9/1994]
