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Borough of West Cape May, NJ
Cape May County
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Prior to the granting of final approval, the subdivider shall have installed, or, at the option of the Planning Board, shall have furnished performance guarantees for the ultimate installation or protection of the following:
[Ord. No. 103-86 § 6]
Subdivisions shall be served by paved public streets and all new streets shall be graded and provided with an all-weather base and pavement with an adequate crown in keeping with specifications and standards approved by the Board of Commissioners of the Borough and on file in the office of the Borough or Borough Engineer. In cases where streets shall be a continuation of an existing street, the existing right-of-way shall be continued but in no case shall the right-of-way be less than fifty (50') feet. All major subdivisions shall have at least two means of access via public streets.
[Ord. No. 103-86 § 6]
Appropriate street signs meeting the Borough specifications as to size and location shall be installed at the intersection of all streets.
[Ord. No. 103-86 § 6; Ord. No. 197-92 § 1]
Curbing along all streets and the type thereof shall only be required where the Planning Board, in its sole discretion, determines that such is necessary and beneficial in light of the location of the proposed subdivision, the nature of the surrounding area and the need for such curbing for proper drainage and operation of the street. Proper guttering and/or drainage facilities shall, however, be installed along all streets.
[Ord. No. 103-86 § 6; Ord. No. 197-92 § 2; Ord. No. 211-93 § 1]
Sidewalks along all improved streets shall only be required where the Planning Board, in its discretion, determines that such are necessary and beneficial in light of the location of the proposed subdivision, the nature of the surrounding area and the need for sidewalks in light of the present and projected future pedestrian traffic in the area which would benefit by such sidewalks. In the event the Planning Board does determine that sidewalks should be installed, same shall have a minimum setback from the curb line of three (3') feet and shall be at least three (3') feet wide.
[Ord. No. 103-86 § 6]
Street lighting shall be required along all street lines appropriately spaced and directed to give maximum lighting with minimum nuisance.
[Ord. No. 103-86 § 6]
Shade trees shall be located on the street so as not to interfere with utilities or sidewalks and shall be of a type specified by the Borough.
[Ord. No. 103-86 § 6]
No top soil shall be removed from areas intended for lawn or open space. Top soil moved from the lawn or open space during the course of construction shall be redistributed on the site and seeded so as to provide a suitable cover to all areas of the subdivision and shall be stabilized by seeding or planting.
[Ord. No. 103-86 § 6]
Monuments shall be of a size and shape required by Section 3 of Chapter 141 of the Laws of 1966, and shall be placed in accordance with that statute.
[Ord. No. 103-86 § 6; Ord. No. 537-2018]
Any other improvements or installations required to be dedicated to the Borough, including but not limited to: water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. All such items shall be installed to and meet the specifications of the Borough Engineer.
[Ord. No. 103-86 § 6; Ord. No. 537-2018]
[Ord. No. 103-86 § 6]
Natural areas, streams and vistas enhancing the aesthetic value of a community shall be encouraged.
[Ord. No. 103-86 § 6]
All methods for improvements and protection shall be subject to inspection and approval by the Borough Engineer who shall be notified by the developer at least 48 hours prior to the start of any construction or installation of same. No underground installation shall be covered until inspected and approved by the Borough Engineer and Construction Code Official or, in the case where County and/or State approval is needed, State and County approval is given.
[Ord. No. 103-86 § 6]
No final plat shall be approved by the Planning Board until the completion of all such required improvements has been certified to the Planning Board by the Borough Engineer or unless a subdivision owner shall have filed with the Borough a performance guarantee sufficient in amount to cover the cost of all such improvements in uncompleted portions thereof as estimated by the Borough Engineer, and assuring the installation of such uncompleted improvements on or before an agreed date. Such performance guarantee may be in the form of a performance bond which shall be issued by a bonding or surety company approved by the Board of Commissioners, a certified check returnable to the subdivider after full compliance, or any other type of surety approved by the Borough Solicitor.
[Ord. No. 103-86 § 6]
The performance guarantee shall be approved by the Borough Solicitor as to form, sufficiency and execution. Such performance guarantee 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 Board of Commissioners may by resolution extend the term of such performance guarantee for an additional period not to exceed three years. The amount of the performance guarantee may be reduced by the Board of Commissioners by resolution when portions of the required improvements have been installed.
If the required improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereon to the Borough for the reasonable cost of the improvements not installed together with legal costs included, and upon receipt of the proceeds thereof the Borough shall install such improvements.