[Ord. No. 103-86 § 8]
a.
A performance guarantee estimate shall be prepared by the Borough
Engineer for each subdivision where such is required for improvements.
The Planning Board or Board of Adjustment, as the case may be, shall
pass a resolution either approving or adjusting this performance guarantee
estimate and shall provide four copies signed by the Chairman of the
Planning Board for the use of the subdivider in obtaining and posting
a performance guarantee.
b.
The subdivider shall present the performance guarantee executed on
the standard performance guarantee form, approved by the Borough Solicitor,
with signed copies of the performance guarantee estimate attached
to the form. This shall be done at least one week prior to the meeting
at which approval as to form and sufficiency is desired by the subdivider.
c.
The Borough Solicitor shall notify the Administrative Officer prior
to the appropriate Board meeting that the performance guarantee can
be added to the agenda.
d.
Upon at least substantial completion of all required sanitary sewers
or water mains, and the connection of same to the public system(s),
and upon full completion of each of the following phases of work,
the subdivider shall notify the Board of Commissioners, in writing,
by certified mail addressed in care of the Borough Clerk and shall
send a copy thereof to the Borough Engineer, so that he or a qualified
representative may inspect the work:
e.
Prior to notifying the Board of Commissioners of the completion or
substantial completion of any improvements covered by the performance
guarantee, the obligor shall prepare and submit to the Borough Engineer
a set of the approved public improvement and utility plans and profiles
amended to read "as constructed."
f.
The inspection of all improvements of which such notice has been
given shall be started within 10 days of notification. The inspector
shall determine whether the work is satisfactory and in agreement
with the approved final plat drawings and city specifications. The
general condition of the site shall also be considered.
g.
Within 30 days of the final inspection, the Borough Engineer shall
prepare and file with the Board of Commissioners a detailed, written
report indicating either his approval, partial approval or rejection
of the improvements inspected, with stated reasons for any rejection.
The cost of the improvements as approved or rejected shall be set
forth and certified.
h.
In the event that final approval of a development has been granted
in stages or sections, and, hence, the construction of the required
improvements is to be undertaken in stages or sections, bonding and
inspection of improvements shall also be in stages or sections.
[Ord. No. 103-86 § 8]
a.
The Board of Commissioners, by resolution, shall approve, partially
approve, or reject the improvements inspected on the basis of the
final inspection report by the Borough Engineer and release, partially
release or declare in default the performance guarantee or portion
thereof covering such improvements. The Board of Commissioners shall
notify the subdivider of such action in writing, by certified mail,
within 65 days of the notice of completion or substantial completion
of improvements. Failure to send or provide such notification to the
subdivider within the 65 day time period shall constitute approval
of the improvements in question.
b.
The Board of Commissioners shall take action on each performance
guarantee. A performance guarantee shall remain in full effect until
released, partially released or declared in default by resolution
of the Board of Commissioners.
c.
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 the original performance guarantee shall
be increased or reduced, as the case may be, to 120% of the estimated
cost of installation as certified by the Borough Engineer at the time
of the passage of the resolution extending the time.
d.
Where partial approval of improvements is granted by the Board of
Commissioners, all but 120% of the cost of the outstanding improvements
or 30% of the amount of the original performance guarantee, whichever
is greater, shall be released.
e.
If any improvements have not been installed in accordance with the
performance guarantee, the subdivider and surety shall be liable thereon
to the Borough for the reasonable cost over and above the 10% cash
deposit on the improvements not installed and, upon receipt of the
proceeds thereof, the Borough shall install such improvements. The
Borough shall also have all other remedies as may be lawfully available.
[Ord. No. 103-86 § 8]
All improvements and utility installations shall be inspected
during the time of their installation under the supervision of the
Borough Engineer to ensure satisfactory completion. The cost of the
inspection shall be the responsibility of the subdivider, and he shall
deposit with the Borough Treasurer for placement in a special trust
fund account a sum equal to 2% of the amount of the performance guarantee
estimate of the cost of public improvements to be built in the subdivision
to be applied to payment of inspection costs. The inspection fee shall
in no case be less than $100. The Borough Treasurer shall return any
balance of the inspection deposit to the subdivider upon expiration
of the performance bond together with the paid invoices for all expenses
charged.
