A.
Before recording final subdivision plats or approving
site plan plats, the approving authority shall require that the applicant
shall have installed or shall have furnished performance guaranties
for the installation of on-tract improvements in accordance with borough
specifications as follows: streets, street signs, grading, pavement,
curbs, gutters, sidewalks, walkways, streetlighting, shade trees,
water mains, fire hydrants, culverts, storm sewers, sanitary sewers
or other means of sewage disposal, drainage structures, erosion control
and sediment control devices, public improvements of open space and
surveyor's monuments as required by the Map Filing Law, P.L. 1960,
c. 141 (N.J.S.A. 46:23-9.9 et seq.).
B.
All such required improvements shall be certified
by the Borough Engineer unless the applicant shall have filed a performance
guaranty sufficient in amount to cover the cost of all such improvements
or uncompleted portions thereof as estimated by the Borough Engineer.
A.
The performance guaranty shall be furnished in favor of the borough in an amount equal to 120% of the cost of installation for improvements it may deem necessary or appropriate, as specified in § 173-56 herein.
B.
The time allowed for installation of the improvements
for which the performance guaranty has been provided may be extended
by the governing body by resolution. As a condition or as part of
any such extension, the amount of any performance guaranty shall be
increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of the installation as determined as of the time
of the passage of the resolution.
[Amended 4-21-1980 by Ord. No. 1980:372]
C.
If the required improvements are not completed or
corrected in accordance with the performance guaranty, 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.
D.
Upon substantial completion of all required appurtenant
utility improvements and the connection of the same to the public
system, the obligor may notify the governing body, in writing, by
certified mail addressed in care of the Municipal Clerk, of the completion
or substantial completion of said improvements and shall send a copy
thereof to the Municipal Engineer. Thereupon, the Municipal Engineer
shall inspect all of the improvements of which such notice has been
given and shall file a detailed report, in writing, with the governing
body, indicating either approval, partial approval or rejection of
such improvements, with a statement of reasons for any rejection.
If partial approval is indicated, the cost of the improvements as
approved or rejected shall be set forth.
[Amended 4-21-1980 by Ord. No. 1980:372]
E.
The governing body shall either approve, partially
approve or reject the improvements on the basis of the report of the
Municipal Engineer and shall notify the obligor, in writing, by certified
mail, of the contents of said report and the action of said approving
authority with relation thereto not later than 65 days after receipt
of the notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to its performance guaranty, except for that
portion adequately sufficient to secure provision of the improvements
not yet approved, provided that 30% of the amount of the performance
guaranty posted may be retained to ensure completion of all improvements.
Failure of the governing body to send or provide such notification
to the obligor within 65 days shall be deemed to constitute approval
of the improvements, and the obligor and surety, if any, shall be
released from all liability, pursuant to such performance guaranty
for such improvements.
[Amended 4-21-1980 by Ord. No. 1980:372]
F.
If any portion of the required improvements are rejected,
the approving authority may require the obligor to complete such improvements
and, upon completion, the same procedure of notification as set forth
in this section shall be followed.
G.
Nothing herein, however, shall be construed to limit
the right of the obligor to contest, by legal proceedings, any determination
of the governing body or the Borough Engineer.
H.
The obligor shall reimburse the municipality for all
reasonable inspection fees paid to the Municipal Engineer for the
foregoing inspection of improvements, provided that the municipality
may require of the developer a deposit for all or a portion of the
reasonably anticipated fees to be paid to the Municipal Engineer for
such inspection.
[Amended 4-21-1980 by Ord. No. 1980:372]
I.
In the event that final approval is by stages or sections
of development pursuant to N.J.S.A. 40:55D-38, the provisions of this
section shall be applied by stage or section.
[Added 4-21-1980 by Ord. No. 1980:372]
A.
Prior to the acceptance of any improvement herein,
a maintenance guaranty shall be furnished in favor of Closter Borough
for a period not exceeding two years after final acceptance of the
improvement, in an amount not to exceed 15% of the cost of the improvement.
B.
Simultaneous with the submission of a maintenance
guaranty, the applicant shall file with the borough as-built drawings
accurately showing the location, profile and size of all storm drains,
catch basins, sanitary sewers, water mains and all utility and service
connections constructed in the subdivision or site plan.
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 a maintenance
guaranty to another governmental agency, no performance or maintenance
guaranty, as the case may be, shall be required by the borough for
such utilities or improvements.
