[Ord. No. 11-1314 §§ 24, 25]
A. 
Posting of Guaranties. Performance guaranties shall be posted prior to the granting of final developmental approval.
B. 
Form of Submission. Performance guaranties shall be submitted in the form of 10% cash deposited with the Municipal Clerk and 90% in a form acceptable to the Borough Director of Law. The amount of guaranty shall be 120% of the approved estimate of the cost of improvements. They may be usable at any point by the Borough for the nonperformance of the subdivider. Such guaranties shall run for a term of 18 months, subject to extension by the Borough Council for an additional period of 18 months.
C. 
Noncompliance with Improvement Requirements. If required improvements have not been installed in accordance with required standards and specifications of the Borough within the time limit or extension, the obligor and surety shall be liable thereon to the Borough for all reasonable costs of improvements not installed, and, upon receipt of the proceeds thereof, the Borough shall install such improvements.
D. 
Submission Requirements. Prior to acceptance of a performance bond by the Borough Council, the Council shall receive the following:
1. 
A letter from the Borough Engineer stating that the proposed bond covers all items required.
2. 
A list of the items covered and their cost.
3. 
A letter of approval from the Borough Director of Law as to bond form.
4. 
A letter from the Borough Engineer and Planning Board/Zoning Board stating that the plans meet all specifications.
E. 
Acceptance of Performance Guaranty. Following acceptance of a performance guaranty by the Borough Council, a letter so stating shall be sent to the Planning Board/Zoning Board prior to signing of final plats for the development.
F. 
Release of Guaranty. Prior to release of a performance guaranty in full or part, in accordance with New Jersey law, the Borough Council shall receive the following:
1. 
A recommendation from the Board.
2. 
As-built plans of all utilities and roads approved by the Borough Engineer.
3. 
A statement from the developer or subdivider that there are no liens or other legal encumbrances on any of the improvements or utilities to be deeded.
4. 
Deeds, free and clear from all encumbrances, for all streets, public easements, drainage easements or other dedicated lands.
5. 
An acceptable maintenance guaranty.
[Ord. No. 11-1314 § 26]
All improvements required by the Board shall, prior to the release of performance guaranties, be covered by a maintenance bond running in favor of the Borough in the amount of 15% of the estimated cost of improvements, as determined by the Borough Engineer. Said bond shall run for a period of two years following acceptance by the Borough and shall provide for proper repair and/or replacement during this period. In the event that all improvements have been completed prior to granting of final approval by the Board, the maintenance bond shall be posted before final plat approval. Maintenance bonds will be approved as to form by the Borough Director of Law.
[Ord. No. 11-1314 § 27]
A. 
Posting of Maintenance Bond. The Borough Council shall not accept any roadway or other improvement until the maintenance bond has been posted and all deficiencies corrected or repaired. The Borough may, however, agree to perform limited services, if requested in writing by the subdivision developer and if held harmless for any damages resulting from such action.
B. 
Roadway Improvements. A deed for any roadway or improvement shall be submitted to the Borough Council prior to being recorded, after the twenty-four-month period and upon certification from the Borough Engineer that no further maintenance is required. The deed will be approved by the Borough Director of Law and recorded at the expense of the subdivider.
[Ord. No. 11-1314 § 28]
A. 
Compliance Required. Any subdivision requiring off-site improvements, as defined below, shall comply with the provisions of this section.
B. 
Definition. An off-site improvement shall be one or more required improvement(s) necessary for successful completion of a development in the interest of furthering public health, safety and general welfare and located outside the bounds of the owner's or subdivider's property. Off-site improvements shall be required where:
The existing service serving the geographic area or subarea is already operating at a deficient level and/or
The new development will make such present level of service deficient according to engineering and professional standards.
C. 
Contribution to Owner or Subdivider. The proportionate contribution of any such off-site improvement to the owner or subdivider shall be reasonably related to the relative benefit or use of the total area served in line with the following formulas:
1. 
For street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere, the construction of new streets and other similar street or traffic improvements, the owner's or subdivider's proportionate cost shall be the ratio of the estimated peak-hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak-hour traffic capacity of the present facility and the estimated peak-hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
2. 
For water distribution facilities, including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith, the owner's or subdivider's proportionate cost shall be the ratio of the estimated daily use of water from the property or properties, in gallons, to the sum of the deficiency, in gallons per day, for the existing system or subsystem and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
3. 
For sanitary sewage collection facilities, including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the owner's or subdivider's proportionate cost shall be the ratio of the estimated daily flow, in gallons, to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak flow from the proposed development may occur during the peak-flow period for the existing system, the ratio shall be the estimated peak-flow rate from the proposed development, in gallons per minute, to the sum of the present peak-flow deficiency in the existing system or subsystem and the estimated peak-flow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the owner or subdivider.
4. 
Drainage facility improvements shall be based upon the percentage relationship between the subdivision acreage and the total acreage of the drainage basins imparted upon, plus 10% for contingencies.
5. 
Other facilities or services shall be determined by the Planning Board with advice from the Borough Engineer by the use of equitable formulas.
D. 
Determination of Off-Site Improvements. Board determination of required off-site improvements shall be guided by the articles in this Chapter dealing with zoning districting and such professional advice as it may deem necessary for the specific project. Once it has determined that one or more off-tract improvements are necessary, the Board shall notify the Borough Council, via resolution, of its findings and shall provide an estimate of cost, a suggested prorated share for the development in question and the suggested means of payment. The Planning Board/Zoning Board shall not take final action on a preliminary subdivision until all aspects of such agreements have been mutually agreed to by the developer or subdivider and the Borough Council has been advised, in writing, by the Board.
E. 
Implementation. Where a performance or maintenance guaranty is required in connection with an off-site improvement, the procedures outlined in this Article shall be followed. Cash contributions, where required by agreement, shall be deposited with the Borough Clerk, who shall place them in an escrow account for the purposes outlined. If improvements are not completed within 10 years, the funds shall be returned to the subdivider or developer under terms outlined by the Borough Director of Law. Cash contributions shall not be required where County or State Agencies have jurisdiction over a subject improvement and where those units require a guaranty that would represent a duplication.