[Adopted 5-15-2018 by Ord. No. O-2018-02]
[Adopted 5-15-2018 by Ord. No. O-2018-02]
For the purpose of assuring the installation and maintenance
of bondable land development improvements, as a condition of all final
site plan, subdivision, and/or zoning permit approvals, the Board
and/ or Zoning Officer shall require, as appropriate, and the Borough
Council shall accept, in accordance with the standards adopted hereinafter:
A.
The furnishing of a performance guarantee in favor of the Borough
in an amount not to exceed 120 percent of the cost of the improvement,
which cost shall be determined by the Borough Engineer according to
the method of calculation set forth in N.J.S.A. 40:55D-53.4 for any
and all bondable items as permitted therein. 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.
B.
The furnishing of a maintenance guarantee in favor of the Borough
in an amount not to exceed 15 percent of the cost of the improvement,
which cost shall be determined by the Borough Engineer according to
the method of calculation set forth in N.J.S.A. 40:55D-53.4 for any
and all bondable items as permitted therein.
C.
The furnishing of a Temporary Certificate of Occupancy Guarantee
in the amount of 120 percent of the cost of installing the remaining
improvements required to be completed before the issuance of a permanent
certificate of occupancy. The scope and amount of such a guarantee
will be determined by the Borough Engineer.
D.
The furnishing of a Safety and Stabilization Guarantee to return
the property to a safe and stable condition or to otherwise implement
measures to protect the public from access to an unsafe or unstable
condition. The amount of such a guarantee shall be $5,000 where the
overall bonded improvements are $100,000 or less. Where the overall
bonded improvements are $100,000 or more, then the Borough Engineer
shall calculate the bond amount in accord with the following: $5,000
for the first $100,000 of bonded improvement costs, plus 2.5 percent
of bonded improvement costs in excess of $100,000 up to $1 million,
plus 1 percent of bonded improvement costs in excess of $1 million.
[Adopted 5-15-2018 by Ord. No. O-2018-02]
In the event that other governmental agencies or public utilities
will automatically 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.
[Adopted 5-15-2018 by Ord. No. O-2018-02]
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.
[Adopted 5-15-2018 by Ord. No. O-2018-02]
All improvements shall be in accordance with the design standards
of the Borough Code or as authorized by a design exception granted
by the reviewing board and shall be subject to inspection and approval
by the Municipal Engineer. The Municipal Engineer shall be notified
24 hours prior to the start of the various phases of the work, and
if discontinued, shall again be notified when the work will be continued.
[Adopted 5-15-2018 by Ord. No. O-2018-02]
A.
Upon substantial completion of all required improvements, the obligor
may request of the governing body, 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 this
chapter, a list of all uncompleted or unsatisfactorily 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. Thereupon 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 Borough Council, and
shall simultaneously send a copy thereof to the obligor not later
than 45 days after receipt of the obligor's request.
B.
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 Municipal Engineer
and appended to the performance guarantee pursuant to this chapter.
C.
The Borough Council, by resolution, shall either accept the improvements
determined to be complete and satisfactory by the Borough Engineer,
or reject any or all of these improvements upon the establishment
in the resolution of cause for rejection, and shall approve and authorize
the amount of reduction or release 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 pursuant to this chapter. 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 Borough Council, the obligor shall be released from all liability
pursuant to its performance guarantee, with respect to those accepted
improvements, except for that portion sufficient to secure completion
or correction of the improvements not yet accepted; provided that
30 percent of the amount of the performance guarantee posted may be
retained to ensure completion and acceptability of all improvements.
If any portion of the required improvements is rejected, the Borough
shall require the obligor to complete or correct such improvements,
and, upon completion or correction, the same procedure of notification,
as set forth in this section, shall be followed.
[Adopted 5-15-2018 by Ord. No. O-2018-02]
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 the inspection fees in an amount not to exceed, except
for extraordinary circumstances, the greater of $270 or 5 percent
of the cost of improvements, which cost shall be determined pursuant
to N.J.S.A. 40:55D-53.4.
[Adopted 5-15-2018 by Ord. No. O-2018-02]
In the event that final approval is by stages or sections of
development pursuant to Subsection a of Section 29 of P.L. 1975, c.
291 (N.J.S.A. 40:55D-38), the provisions of this Article shall be
applied by stage or section.
[Adopted 5-15-2018 by Ord. No. O-2018-02]
To the extent that any of the improvements have been dedicated
to the Borough on the subdivision plat, site plan and/or zoning permit,
the municipality shall be deemed, upon the release of any performance
guarantee required hereunder, to accept dedication for public use
any improvements made thereunder, provided that such improvements
have been inspected and have received final approval by the Borough
Engineer.
