A. Prior to the signing of a final plat, issuance of a development permit and/or the commencing of any clearing, grading or installation of improvements, the developer shall have filed with the borough a performance guaranty. [Amended 12-13-1993 by Ord. No. 670]
(1) The guaranty shall be in favor of the borough in an amount not to exceed one hundred twenty percent (120%) of the cost of installation, as determined by the Borough Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4, for improvements which the approving authority may deem necessary to protect adjacent property and the public interest in the event that development of the subdivision or site was not completed. Such improvements shall include, but are not limited to, grading; pavement; surveyor's monuments as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:23- 9.9 et seq.; drainage facilities necessary to protect off-tract areas from flooding; erosion and sedimentation control facilities; streets; curbs; gutters; culverts; storm sewers; sanitary sewers or other means of sewage disposal; water mains; sidewalks; street lighting; shade trees; public improvements of open space; and in the case of site plans only, other on-site improvements and landscaping. The applicant shall provide preliminary estimated types and quantities of improvements to be reviewed and verified by the Borough Engineer. The Borough Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty, which itemized cost estimate shall be appended to each performance guaranty posted by the obligor.
(2) Such guaranty shall assure the installation of such improvements on or before an agreed date, guarantee the completion of all improvements without damage to or interference with adjacent properties or public facilities and hold the Borough
Council and the municipal agency and their employees and agents harmless with respect to any acts of the developer, its agents, successors or assigns.
(3) The total cost of the installation of improvements shall be estimated by the Borough Engineer, based upon documented construction costs for public improvements prevailing in the general area of the borough which would prevail upon include appropriate guaranty period, and shall also include appropriate allowances for contract-related costs, such as engineering, legal, financial and other usual costs, which shall be estimated to be twenty percent (20%) of the estimated contract construction costs. [The performance guaranty equals one hundred twenty percent (120%) of the cost of improvement installation.] The developer may appeal the Borough Engineer's estimate to the Borough Council. The Borough Council shall decide the appeal within forty-five (45) days of receipt of the appeal in writing by the Borough Clerk. After the developer posts a guaranty with the borough based on the cost of the installation of improvements as determined by the Borough Council, he may institute legal action within one (1) year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guaranty.
(4) Performance guaranty.
(a) Such performance guaranty may be in the form of cash, certified check, negotiable securities, a performance bond issued by a bonding company approved by the Borough Attorney, an irrevocable letter of credit or any other type of surety acceptable to and approved by the Borough Council and in form acceptable to the Borough Attorney, provided that ten percent (10%) of the performance guaranty shall be in the form of cash or certified check drawn on an insured banking institution in the State of New Jersey; provided, however, that all rights to said ten-percent portion, including the right to interest with dividends, shall be assigned to the borough in a form of assignment acceptable to the Borough Attorney for a period of the bond and that the principal amount without interest shall be returned to the developer upon completion of the bonded improvements, or in the event of default, any interest and principal shall be used by and for the benefit of the borough in the completion of said improvements. A developer may provide, at his option, more than ten percent (10%) of the performance guaranty in cash.
(b) The Borough Council shall accept a performance guaranty or maintenance guaranty which is an irrevocable letter of credit if it:
[1] Constitutes an unconditional payment obligation of the issuer running solely to the borough for an express initial period of time in the amount determined pursuant to this section and N.J.S.A.40:55D-53;
[2] Is issued by a banking or savings institution authorized to do so and doing business in the State of New Jersey;
[3] Is for a period of time of at least one (1) year; and
[4] Permits the borough to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this subsection thirty (30) days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit.
B. 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 guaranty to another governmental agency, no performance guaranty shall be required by the municipality for such utilities or improvements. If, at the time the performance guaranty is filed with the borough, the developer has not also filed with the borough proof that any other performance guaranties have been filed and accepted by governmental bodies, authorities, public utility companies and private utility companies, other than the borough, which have jurisdiction over improvements in the site or subdivision, the amount of the performance guaranty shall be increased to reflect the cost of such improvements. [Amended 12-13-1993 by Ord. No. 670]
C. All performance guaranties shall run to and be in favor of the Borough of Shrewsbury in the County of Monmouth.
D. The performance guaranty shall be approved by the Borough Attorney as to form, sufficiency and execution and shall be subject to the following conditions:
(1) Such performance guaranty shall run for a period to be fixed by the Borough Council but in no case for a term longer than the period of final approval [normally two (2) years] set by N.J.S.A. 40:55D-1 et seq. and/or § 94-6. 10G of this chapter or for the installation of all or any portion of the improvements, whichever is shorter.
(2) The time allowed for installation of improvements for which the performance guaranty has been provided may be extended by resolution of the Borough Council, provided that, if required, the period of final approval has been extended by the municipal agency in accordance with N.J.S.A. 40:55D-1 et seq. and/or § 94- 6.10G of this chapter, and provided, further, that:
(a) Such extension shall not exceed one (1) year;
(b) There shall not be more than three (3) such extensions; and
(c) As a condition or as a 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 one hundred twenty percent (120%) of the cost of the installation of all uncompleted improvements determined by the Borough Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the resolution. [Amended 12-13-1993 by Ord. No. 670]
(3) 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. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, N.J.S.A. 4OA:11-1 et seq. [Amended 12-13-1993 by Ord. No. 670]
E. If, during the period of the performance guaranty, the developer fails to prosecute the work of completing the improvements so as not to create hazards to life, health, property or public safety, the borough may, after five (5) days' notice, perform or cause to be performed any necessary corrective work and deduct the cost thereof from the ten-percent cash or certified check portion of the guaranty. Upon notice of any such deduction, the developer shall, within ten (10) days, restore the full the ten-percent cash balance or his performance guaranty will be held to be void, and the borough may take action as if final plat approval had not been obtained.
F. Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of same to the public system, the obligor may request of the Borough Council 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 he Borough Engineer and appended to the performance guaranty pursuant to Subsection A(1) above, a list of all uncompleted or unsatisfactory completed improvements. If such a request 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 forty-five (45) days after receipt of the obligor's request. 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 guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guaranty pursuant to Subsection AM above. [Amended 12-13-1993 by Ord. No. 6701
G. Approval or rejection. [Amended 12-13-1993 by Ord. No. 670]
(1) The Borough Council, by resolution, shall either approve 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 to be made in the performance guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guaranty pursuant to Subsection AM above. This resolution shall be adopted not later than forty-five (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 guaranty, with respect to those approved improvements except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that thirty percent (30%) of the amount of the performance guaranty posted may be retained to ensure completion and acceptability of all improvements.
(2) If the Borough Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection F above within forty-five (45) days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Borough Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(3) If the Borough Council fails to approve or reject the improvements determined by the Borough Engineer to be complete and satisfactory or reduce the performance guaranty for the complete and satisfactory improvements within forty-five (45) days from the receipt of the Borough Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guaranty for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guaranty pursuant to Subsection A(1) above; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(4) In the event that the obligor has made a cash deposit with the borough as part of the performance guaranty, then any partial reduction granted in the performance guaranty pursuant to this section shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guaranty.
H. If any portion of the required improvements is rejected. the Borough Council may require the obligor to complete or correct such improvements and, upon such completion or correction, the same procedure of notification as set forth in this section shall be followed. [Amended 12-13-1993 by Ord. No. 670]
I. Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Borough Council or the Borough Engineer.
J. The obligor shall reimburse the borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements, as set forth in § 94- 3.14M of this chapter. [Amended 12-13-1993 by Ord. No. 670]
K. In the event that final approval is by stages or sections of development pursuant to the N.J.S.A. 40:55D-38a, the provisions of this section shall be applied by such stage or section.
A. Duties of Borough Engineer, Borough Attorney and Borough Clerk. No performance guaranties shall be presented for approval of the borough until the officials listed below have performed the following and have made certification of their performance, in writing, to the Borough Council.2
(1) Borough Engineer. The Borough Engineer shall:
(a) Where applicable, examine the plat map of a subdivision to make certain that it complies with all state laws and this chapter relative to the preparation and filing of maps or plans for the subdivision of land.
(b) Determine those acts or things the applicant is to do to protect the borough, such as to provide proper drainage, streets, curbs, signs, monuments or any other item or thing and the cost of each, as well as the maximum time he recommends granting the applicant to provide each item or all items; and also, advise the applicant of the amount required to pay the borough as a proper inspection, testing and administration fee.
(2) Borough Clerk. The Borough Clerk shall:
(a) Ascertain that the plat of a site plan or subdivision has been approved by the Monmouth County Planning Board and the Borough Planning Board or Board of Adjustment.
(b) Determine if the landowner is an individual, corporation or partnership; if an individual, his full name and address; if a corporation, its correct name, date and state of incorporation, the name of its President and Secretary and location of its principal office in this state; if a partnership, the names and addresses of all partners.
(c) Give the applicant a form of the surety company bond required by the borough and all figures, dates and details required by § 94-7.2A(l)(b) above so the same may be included in the bond to be furnished to the borough.
(d) Deliver to the Borough Attorney:
[1] The original copy of the surety company bond of the applicant; and
[2] The Borough Engineer's written certificate addressed to the Borough Council, which certificate and bond shall be delivered at one and the same time.
[a) The Borough Engineer's certificate shall also state and give the nature of cash, or its equivalent, deposited as a portion or all of the performance guaranty (i.e., cash, certified check, cash escrow deposit or ,other security).
[b] If there is nothing the applicant needs to do under § 94-7.2A(1)(b) above, the certificate shall so state and give the reason therefor.
(3) Borough Attorney. Upon receipt from the Borough Clerk of the surety bond and the Engineer's certificate, the Borough Attorney shall promptly examine said bond and determine whether or not it is correct in form, content and execution. If the bond is not correct, the Borough Attorney shall directly notify the applicant of its shortcomings. When the bond is or has been made correct, the Borough Attorney shall make a written certificate to that effect to the Borough Council. Thereupon, said Attorney shall deliver the bond and Engineer's and Attorney's certificates to the Borough Clerk.
(4) Borough Clerk. Upon the receipt from the Borough Attorney of the bond and certificates of the Engineer and Attorney, the Borough Clerk shall:
(a) Collect from the applicant the proper fee or fees, if any, payable to the borough in accordance with the Engineer's certificate.
(b) Place the matter of approval of bond(s) on the agenda of the next regular meeting of the Borough Council for its consideration.
(c) Submit the bond, certificate and fees to the Borough Council at the next regular meeting of said Council.
B. Certificates: form, dating. Each of said certificates shall be dated and written in letter form upon the stationery of the maker or of the borough and signed by him or his authorized agent or representative.
C. Bond requirements. There must be attached to said bond an authority of the surety company enpowering the person or persons who executed said bond for the surety company to do so. If the bonding company is not a New Jersey corporation, there should also be attached to the bond proof of its authority to do business in New Jersey and a copy of its last financial statement, made not more than one (1) year before, showing its financial condition. If the principal on the bond is a corporation, there must be attached to the bond a certified copy of a resolution adopted by its Board of Directors authorizing the execution and delivery of said bond. Said bond must also bear the corporate seal of the surety company and the seal, corporate or otherwise, of the principal.
D. Copies. The Borough Clerk and Administrative Officer (Planning Board Secretary) shall keep a supply of copies of these bond requirements in his office for the use of applicants and the general public.
A. General requirements. Where the municipal agency determines that off-tract improvements are necessary for the proper development and utilizing of the proposed site or subdivision and the surrounding area, it may require either that such off-tract improvements be installed or that the developer contribute to the installation of such off-tract improvements. Where the municipal agency has determined that off-tract improvements are required, it shall be a condition of the granting of final approval that such improvements be constructed or that the developer shall make payments toward the ultimate installation of off-tract improvements, such as, but not limited to, streets, curbs and gutters, sidewalks, water mains, sanitary sewers, storm sewers and culverts, monuments and streetlights, all in accordance with the specifications governing on-tract improvements.
B. Cost allocation. If the municipal agency determines that the developer may contribute toward required off-tract improvements in lieu of such improvements being installed, the municipal agency shall allocate the cost of the same off-tract improvements in accordance with the standards hereinafter set forth. The improvement of a stream and/or widening of, or the construction of drainage or other improvements in, a street or road fronting on the tract to be subdivided and/or developed shall not constitute an off-tract improvement, and the cost of said improvement shall not be allocated.
(1) The allocation of the cost of off-tract improvements shall be determined in accordance with the following:
(a) The municipal agency may consider the total cost of the off-tract improvements, the benefits conferred upon the site or subdivision, the needs created by the site or subdivision, population and land use projects for the general areas of the site or subdivision and other areas to be served by the off-tract improvements, the estimated times of construction of off-tract improvements and the condition of periods of usefulness, which periods may be based upon the criteria of the Local Bond Law (N.J.S.A. 4OA:2-22).
The municipal agency may further consider the criteria set forth below.
(b) Road, curb, gutter and sidewalk improvements may be based upon the anticipated increase of traffic generated, by the site or subdivision. In determining such traffic, increase, the municipal agency may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the site or subdivision and anticipated thereto.
(c) Drainage facilities may be based upon the percentage relationship between the site or subdivision acreage and the acreage of the total drainage basins involved or upon calculations developing the percentage contribution that the storm runoff from a particular site or subdivision bears to the total design capacity of any improvement; the particular methods to be selected in each instance by the Borough Engineer.
(d) Water supply and distribution facilities and sewerage facilities shall be based upon a proportion as determined by the current rules and regulations or procedures of the Borough of Shrewsbury Public Works Department.
(2) All moneys received by the borough in accordance with the provisions of this section shall be paid to the Borough Treasurer who shall provide for a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purposes unless such improvements are not initiated for a period of five (5) years from the date of payment, after which time said funds shall be transferred to the capital improvement fund of the municipality.
(3) The apportionment of costs shall be determined by the municipal agency. The developer shall be afforded an opportunity before said Board to present evidence relative thereto.
C. Assessment not precluded. Nothing in this section of the chapter shall preclude the municipality from assessing any property benefitting from installation of any off- tract improvements, as provided in this section pursuant to the provisions of the N.J.S.A. 40:55D-1 et seq., an allowance being made to the respective parcels of realty for payments herein.
Before any developer effectively assigns any of his interest in any preliminary or final approval, he must notify the Administrative Officer and supply detailed information with regard to the name, address, principals, type of organization, competency, experience and past performance of the assignee, transferee or agent. Notice of such assignments or transfer shall be given no later than ten (10) days after its effective date. The assignee must be made acquainted with all the conditions of approval, and the developer shall so certify.
A. No contractor, builder, developer or subcontractor shall engage any personnel in any of the work on constructing any improvements unless they are continually supervised by a competent, English speaking supervisor acceptable to the Borough Engineer.
B. No less than five (5) days prior to commencing construction of any improvements on the site, the developer or his agent shall provide the Borough Engineer with the names, addresses, phone numbers and emergency phone numbers of the subdivider and/or a representative empowered to act for the developer and/or each contractor and their supervisor in charge of the construction, setting forth the aspect of construction for which each is responsible.
A. Inspection, testing and engineering administration fees. Prior to beginning construction, the developer shall arrange for a preconstruction conference between the developer, contractors and Borough Engineer. The Borough Engineer shall be notified by the developer at least five (5) days in advance of the start of construction. The cost of inspection shall be the responsibility of the developer, who shall reimburse the borough for all reasonable inspection fees by submitting a certified check or bank money order to the Borough Clerk. This fee shall be in addition to the amount of the performance guaranty and all application fees as outlined in Article III and shall be deposited initially in accordance with the schedule in § 94-3.14M. These funds shall be deposited in a special escrow account and shall not accrue interest. Upon completion of the development and all inspections, the developer shall receive an accounting of the expended funds. Any unexpended funds shall be returned to the developer. Should the initial deposit be insufficient to cover inspections and costs, the developer shall deposit additional sums upon notice from the Borough Clerk, each additional deposit being in amounts not to exceed fifty percent (50%) of the initial deposit.
B. Inspection notice. All required improvements, except those utility improvements which are not the responsibility of the borough, shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the developer at least five (5) days prior to the initial start of construction and again twenty-four (24) hours prior to the resumption of work after any idle period exceeding one (1) working day. All of the utility improvements shall be subject to inspection and approval by the owner of or agency controlling the utility who shall be notified by the developer in accordance with the utilities' requirements. No underground installation shall be covered until it is inspected and approved by the owner of or agency controlling the utility or by the Borough Engineer in all other cases. With respect to landscaping, inspection and approval notification shall be given by the developer to the Shade Tree Commission pursuant to § 94-8.21E(8).
C. Modification of improvements. At any time, whether as a result of his inspection of work underway or otherwise, the Borough Engineer may recommend that the developer be required to modify the design and extent of the improvements required, notifying the municipal agency of his recommendations. The municipal agency shall, if it considers such modifications to be major, or if requested by the developer or Borough Engineer, take formal action to approve or disapprove such recommendations; provided, however, that it must first afford the developer an opportunity to be heard. If the agency takes no formal action within thirty (30) days of such recommendations, or where the developer has not requested formal municipal agency action, its approval will be assumed. Similarly, the municipal agency may grant or deny the developer permission to effect such modification upon his application and the Borough Engineer's approval. In either event, where such modification is to be effected, the appropriate plat must be revised by the developer or his engineer to reflect such modification and sufficient copies thereof submitted to the Administrative Officer (Planning Board or Board of Adjustment Secretary) for distribution.
D. General inspection requirements. All improvements, except as otherwise provided, shall be subject to inspection and approval by the Borough Engineer. No underground installation shall be covered until inspection and approval by the Borough Engineer or those agencies having jurisdiction over the particular installation. If such installation is covered prior to inspection, it shall be uncovered or another inspection means shall be used, such as a television or other pipeline camera as may be deemed necessary by the Borough Engineer, and charges for such work will be paid for by the developer.
E. Inspection not acceptance. Inspection of any work by the Borough Engineer, or his authorized representative, shall not be considered to be final approval or rejection of the work but shall only be considered to be a determination of whether or not the specific work involved was being done to borough specifications or other required standards at the time of inspection. Any damage to such work or other unforeseen circumstances, such as the effects of the weather, other construction, changing conditions, settlement, etc., between the time of installation and the time that the developer wishes to be released from his performance guaranty, shall be the full responsibility of the developer, and no work shall be considered accepted until release of the performance guaranty.
F. Payment to contractors. No developer shall enter into any contract requiring the Borough Council, the Borough Engineer or any of their agents, employees or other representatives to make any declaration, written or otherwise, as a condition of payment of said developer to a contractor as to the acceptance or rejection of the work. Neither the Borough Council, Borough Engineer nor any of their agents, employees or representatives shall make any such declaration.
G. Procedure on acceptance of public improvements. When the developer has constructed and installed the streets, drainage facilities, curbs, sidewalks, street signs, monuments and other improvements in accordance with borough regulations, standards and specifications, and desires the borough to accept said improvements, he shall, in writing addressed to and in a form approved by the Borough Council, with copies thereof to the Borough Engineer, request the Borough Engineer to make a semifinal inspection of said improvements. If the improvements have been constructed under a performance guaranty after approval of a final plat, the developer shall submit an as built plan showing as-built grades, profiles and sections and locations of all subsurface utilities, such as french drains, combination drains, sanitary sewage disposal systems both public and individual waterlines and control valves, gas lines, telephone conduits, monuments, iron property markers and any other utility or improvements installed other than as shown on the approved final plat. Said as-built plan shall be certified to by a licensed New Jersey professional engineer. If any improvements are constructed prior to final plat approval, the final plat shall reflect all changes and as-built conditions and be so certified. Said as-built plan shall be certified to by a licensed New Jersey professional engineer. If any improvements are constructed prior to final plat approval, the final plat shall reflect all changes and as-built conditions and be so certified. Said as-built plan(s) shall be submitted on reproducible media.
A. It shall be the responsibility of the developer to maintain the entire site or subdivision in a safe and orderly condition during construction. Necessary steps shall be taken by the developer to protect occupants of the site or subdivision and the general public from hazardous and unsightly conditions during the entire construction period. These steps shall include, but are not limited to, the following(1) Open excavations shall be enclosed by fencing or barricades during nonconstruction hours. Movable barricades shall be equipped with yellow flashing hazard markers or other lighting during the hours of darkness.
(2) The excavation of previously installed sidewalk and pavement areas which provide access to occupied buildings in the site or subdivision shall be clearly marked with signs and barricades. Alternate safe access shall be provided for pedestrians and vehicles to the occupied buildings.
(3) Materials stored on the site shall be screened from the view of occupants of the subdivision or site and adjoining street and properties.
(4) Construction equipment, materials and trucks shall not be stored within one hundred fifty (150) feet of occupied buildings in the site or subdivision and adjoining streets and properties during nonconstruction hours.
(5) Safe vehicular and pedestrian access to occupied buildings in the site or subdivision shall be provided at all times.
(6) Construction activities which create obnoxious and unnecessary dust, fumes, odors, smoke, vibrations or glare noticeable in occupied buildings in the subdivision or site and adjoining properties and streets shall not be permitted.
(7) Construction activities which will result in damage to trees and landscaping in occupied buildings in the site or subdivision or adjoining properties shall not be permitted. Trees and shrubs to be retained shall be protected at the drip line with erection of protective snow fencing. [Amended 12-13-1993 by Ord. No. 670]
(8) All locations and activities in the site or subdivision which present potential hazards shall be marked with signs indicating the potential hazard.
(9) Unsightly construction debris, including scrap materials, cartons, boxes and wrappings, must be removed daily at the end of each working day.
(10) Whenever construction activities take place within or adjacent to any traveled way or interfere with existing traffic patterns in any manner, suitable warning signs, conforming to the requirements of the Uniform Manual on Traffic Control Devices, will be erected and maintained by the developer. [Amended 12-13-1993 by Ord. No. 670]
B. Should the developer fail in his obligation to maintain the site or subdivision in a safe and orderly condition, the borough may, on five (5) days' written notice or immediately in the case of hazard to life, health or property, undertake whatever work may be necessary to return the site or subdivision to a safe and orderly condition and deduct the cost thereof from the ten percent cash or certified check portion of the performance guaranty. Upon notice of such deduction, the developer shall, within ten (10) days, restore the full ten-percent cash balance, or his performance guaranty will be held to be void, and the borough may take action as if final plat approval had not been obtained.
C. The Construction Official shall, upon receiving notice from the Borough Engineer that a developer is in violation of this section, suspend further issuance of certificates of occupancy and building permits and may order cessation of work on any outstanding permits.
A. No permanent certificate of occupancy shall be issued for any use or building until all required improvements are installed and approved by the Borough Engineer or other appropriate authority.
B. No temporary certificate of occupancy shall be issued for any use or building involving the installation of utilities or street improvements, parking areas, buffer areas, storm drainage facilities, other site improvements, the alteration of the existing grade on a lot or the utilization of a new on-site well or sanitary disposal system unless the Borough Engineer or other appropriate authority shall have, where applicable, certified to the following:
(1) Utilities and drainage. All utilities, including but not limited to water, gas, storm drains, sanitary sewers, electric lines and telephone lines, shall have been properly installed and service to the lot, building or use from such utilities shall be available.
(2) Street rights-of-way. All street rights-of-way necessary to provide access to the lot, building or use in question shall have been completely graded, and all slope- retaining devices or slope planting shall have been installed.
(3) Sidewalks. All sidewalks necessary to provide access to the lot, building or use in question shall have been properly installed,
(4) Streets. Curbing and the bituminous base course of bituminous concrete streets or the curbing and pavement course for portland cement concrete streets necessary to provide access to the proposed lot, building or use shall have been properly installed.
(5) Curbing and parking areas. Curbing and the bituminous base course of parking areas necessary to provide access to the required number of parking spaces for the building or use in question shall have been properly installed.
(6) Obstructions. All exposed obstructions in parking areas, access drives or streets, such as manhole frames, water boxes, gas boxes and the like, shall be protected by building to the top of such exposures with bituminous concrete as directed by the Borough Engineer.
(7) Screening, fences and landscaping. All required screening, fencing and/or landscaping related to the lot, building or use in question shall have been properly installed unless the Borough Engineer shall direct the developer to delay the planting of screening and landscaping until the next planting season in order to improve the chances of survival of such plantings.
(8) Site grading. All site grading necessary to permit proper surface drainage and prevent erosion of soils has been completed in accordance with the soil disturbance plans approved by the Freehold Soil Conservation District.
(9) Public water supply. Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested and all required fire hydrants or fire connections shall have been installed, tested and approved.
(10) Lighting. All outdoor lighting shall have been installed and shall be operational.
(11) Street signs and traffic control devices. All street signs, paint lining and/or traffic control devices affecting the proposed lot, building or use and required under the terms of approval of a subdivision or site plan or by federal, state, county or municipal rules, regulations or laws shall have been installed.
(12) Other. Any other conditions established for issuance of a certificate of occupancy by the municipal agency as a condition of final site plan approval shall be complied with. [Amended 12-13-1993 by Ord. No. 670.]
C. Temporary certificates of occupancy shall be issued for a specific period of time, not to exceed one (1) year except as provided in § 94-8.26P(7)(e), and the applicant shall post a cash guaranty with the borough in an amount equal to the cost to the borough of constructing all uncompleted or additional improvements, prior to the issuance of any such temporary certificate of occupancy. [Amended 12-13-1993 by Ord. No. 670]
