Monmouth Beach City Zoning Code
ARTICLE 30
7 Guarantees and Improvement Procedures
30-7.1 Performance guarantee.
A.
Before recording of final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the Planning Board may require and shall accept in accordance with the standards set forth herein, for the purpose of assuring the installation and maintenance of on-tract improvements:
1.
The furnishing of a performance guarantee in favor of the Borough of Monmouth Beach in an amount not to exceed 120% of the cost of installation, which cost shall be determined by the Borough Engineer for improvements which the Planning Board may deem necessary or appropriate including streets, curbs, grading, pavement, gutters, sidewalks, street lighting, surveyor's monuments, as shown on the final plat and required by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping. [8/9/1994]
a.
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. [8/9/1994]
b.
The performance guarantee shall consist of a developer's agreement, the terms of which shall concern the general development of the tract; 90% of the guarantee amount by: (a) cash, by means of a bank or treasurer's check, (b) a performance bond issued by a bonding or surety company approved by the Board of Commissioners as to form and content, (c) an irrevocable standby letter of credit, in a form prepared or approved by the Borough Attorney, (d) negotiable securities or (e) other security as may be approved by the Borough Attorney and Board of Commissioners; plus 10% of the performance guarantee amount in cash, certified check, savings passbook or certificate of deposit drawn on an insured banking institution in the State of New Jersey; provided that all rights, including the right to interest with dividends, be assigned to the Borough in a form of assignment acceptable to the Borough Attorney for the period of the bond and that the principal amount of the passbook or certificate of deposit, together with interest, be returned to the developer upon completion of the bonded improvements, or in the event of default, both the interest and principal shall be used by and for the benefit of the Borough in the completion of said improvements. [8/9/1994]
c.
An irrevocable letter of credit shall only be accepted if it: (i) constitutes an unconditional payment obligation of the issuer running solely to the Borough for an express initial period of time in the amount required; (ii) is issued by a banking or savings institution authorized to do so and doing business in the State of New Jersey; (iii) is for a period of time of at least one year; and (iv) 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 Section 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. All guarantees posted herein shall be in addition to and not in substitution for the developer's primary responsibility to install the improvements and complete the subdivision in accordance with all rules, regulations, standards, specifications, and Ordinances of the Borough. [8/9/1994]
d.
A performance guarantee shall assure the installation of 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 Board of Commissioners and the Planning Board and their employees and agents harmless with respect to any acts of the developer, its agents, successors or assigns. [8/9/1994]
e.
All performance guarantee amounts shall be computed by the Borough Engineer based on the documented construction costs for public improvements prevailing in the general area of the Borough. The developer may appeal the Borough Engineer's estimate to the Board of Commissioners. The Board of Commissioners shall decide the appeal within 45 days of the appeal in writing by the Borough Clerk. After the developer posts a guarantee with the Borough based on the cost of installation of improvements as determined by the Board of Commissioners, he may institute legal action within one 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 guarantee. [8/9/1994]
2.
Provision for a maintenance guarantee to be posted with the Board of Commissioners for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the Borough Engineer. 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 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. If at the time the performance guarantee or maintenance guarantee is filed with the Borough, the developer has not also filed with the Borough proof that any other necessary performance guarantees or maintenance guarantees 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 guarantee shall be increased to reflect the cost of such improvements. [8/9/1994]
B.
A performance guarantee shall run for a period to be fixed by the Board of Commissioners, but in no case for a term of more than two years. 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 any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Borough Engineer according to N.J.S.A. 40:55D-53. [8/9/1994]
C.
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.). [8/9/1994]
D.
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 Board of Commissioners 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 Subsection 30-7A,1a, above, a list of all uncompleted or unsatisfactory 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. [8/9/1994]
1.
At the time of the request, the obligor is to file with the Borough Engineer the surveyor's monument certification; signed and sealed as-built construction plans; and, if not previously provided, deed(s) of dedication for roads, detention basin lots, open space areas, easements or other land areas to be dedicated to the Borough all of which shall be subject to review and approval by the Borough Engineer and Borough Attorney. [8/9/1994]
2.
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 Board of Commissioners, and shall simultaneously send a copy thereof to the obligor not later than 45 days after the Engineer's receipt of the obligor's request. [8/9/1994]
3.
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 Borough Engineer and appended to the performance guarantee. [8/9/1994]
E.
The Board of Commissioners, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Borough Engineer, or reject any or all of those 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 guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee. 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 Board of Commissioners, the obligor shall be released from all liability pursuant to its performance guarantee, 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 30% of the amount of the performance guarantee posted shall be retained to ensure completion and acceptability of all improvements. [8/9/1994]
1.
If the Borough Engineer fails to send or provide the list and report as requested by the obligor within 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. [8/9/1994]
2.
If the Board of Commissioners fails to approve or reject the improvements determined by the Borough Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 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 guarantee for the approvable, complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party. [8/9/1994]
3.
In the event that the obligor has posted cash with the Borough as part of the performance guarantee, then any partial reduction granted in the performance guarantee 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 guarantee. [8/9/1994]
F.
If any portion of the required improvements is rejected, the Board of Commissioners may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth above shall be followed. [8/9/1994]
G.
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceeding any determination of the Board of Commissioners or the Borough Engineer. [8/9/1994]
H.
The developer shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements; provided that the Borough shall require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements. For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspection, the developer shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Borough Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. [8/9/1994]
I.
In the event that final approval is by stages or sections of development, the provisions of this section shall be applied by stages or section. [8/9/1994]
J.
All guarantees, sureties, and lending institutions are subject to the approval of the Borough Attorney. [8/9/1994]
K.
If during the period of the performance guarantee 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 days' notice perform or cause to be performed, any necessary corrective work and deduct the cost thereof from the 10% cash or certified check portion of the guarantee. Upon notice of any such deduction, the developer shall, within 10 days, restore the full 10% cash balance or his performance guarantee will be held to be void and the Borough may take action as if final plat approval had not been obtained. [8/9/1994]
30-7.2 Approval of performance guarantees.
A.
Duties of Borough Engineer, Borough Attorney and Borough Clerk. No performance guarantees shall be presented for approval of the Board of Commissioners until the municipal officials listed below have performed the following and make certification of their performance, in writing to the Board of Commissioners.
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.
Ascertain that the plat of a site plan or subdivision has been approved by the Monmouth County and Monmouth Beach Planning Boards.
c.
Determine those acts or things that 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 it recommends granting the applicant to provide such item or all items.
d.
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.
e.
Give the applicant a form of the surety company bond required by the Borough, and all figures dates and details required by Section 30-7.2A,1c above so that same may be included in the bond to be furnished to the Borough; also, advise the applicant of the amount required to pay the Borough as a proper inspection, testing and administration fee.
g.
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 guarantee (i.e., cash, certified check, cash escrow deposit, or other security).
2.
Borough Attorney. Upon the receipt from the Borough Engineer of the surety bond and 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 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 Board of Commissioners. Thereupon said Attorney shall deliver the bond and Engineer's and Attorney's certificates to the Borough Clerk.
3.
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 Board of Commissioners for its consideration.
c.
Submit the bond, certificate and fees to the Board of Commissioners at the next regular meeting of said Board.
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 empowering 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 year before, showing its financial conditions. 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 shall keep a supply of copies of these bond requirements in his office for the use of applicants and the general public.
30-7.3 Off-tract improvements.
A.
General requirements. Where the Planning Board determines that the off-tract improvements are necessary for the proper development and utilization of the proposed site or subdivision and the surrounding area, it may require either (1) that such off-tract improvements be installed or (2) that the developer contribute to the installation of such off-tract improvements. Where the Planning Board 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 street lights, all in accordance with the specifications governing on-tract improvements.
B.
Cost allocation. If the Planning Board determines that the developer may contribute toward required off-tract improvements in lieu of such improvements being installed, the Planning Board shall allocate the cost of said 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 Planning Board 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 protects 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 and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. The Planning Board 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 Planning Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area, and the 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 improvements the particular methods to be selected in each instance by the Borough Engineer.
d.
Sewage facilities shall be based upon a proportion as determined by the current rules and regulations of the Northeast Monmouth Regional Sewerage Authority.
e.
Water supply and distribution facilities may be based upon the current rules and regulations governing the particular utility supplying water service.
2.
All monies received by the municipality in accordance with the provisions of this section shall be paid to the Municipal 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 intended for a period of five 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 Planning Board. 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 benefiting from installation of any off-tract improvements as provided in this section pursuant to the provisions of the Revised Statutes of New Jersey, an allowance being made to the respective parcels of realty for payments herein.
30-7.4 Assignment of interest.
Before any developer effectively assigns any of his interest in any preliminary of 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 assignment or transfer shall be given no later than 10 days after its effective date. The assignee must be made acquainted with all the conditions of approval and the developer shall so certify.
30-7.5 Supervision.
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 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.
C.
The developer may retain throughout the course of construction a registered New Jersey Professional Engineer to supervise the implementation of the approved subdivision or site design and to make periodic reports to the Borough as well as to the developer regarding conformance of the construction with the requirements of final approval.
D.
If the developer proposes to retain someone other than the engineer who prepared the final plat to supervise construction, he shall notify the Borough Engineer and the Planning Board of the names, address and license number of the engineer retained. If at any time during the course of construction the developer elects or is required to replace the responsible engineer and/or employ additional engineers, he shall likewise notify the Borough Engineer and the Planning Board.
E.
The supervising engineer shall immediately notify the Borough Engineer of any deviation (observed or proposed) from the requirements of final approval and/or this chapter.
F.
At regular intervals during the course of construction, but not less often than at monthly intervals, the supervising engineer shall submit to the Borough Engineer a report listing his observations of the work undertaken during the reporting period, specifically noting any deviation from the requirements of final approval and/or this chapter and listing those improvements expected to be undertaken during the next reporting period. The developer shall accompany any request for acceptance of public improvements and/or release of performance guarantees with a certification by the responsible supervising engineer attesting to the completion of the improvements in full conformance with the requirements of final approval and this chapter and/or specifically noting any deviation therefrom.
30-7.6 Inspection requirements.
A.
Inspection, testing and engineering administrative fees. Prior to signing of any final plat, issuance of a development permit or the start of any construction of any improvements required by the provision of this chapter, the developer shall deposit by cash or certified check with the Borough Clerk, an amount determined pursuant to Section 30-7.1H of this chapter. Said amount shall be used to defray the cost of inspection, testing, engineering, administration and other costs and fees paid by the Borough in connection with the inspection and acceptance of the installation of the required improvements. All monies received on account of engineering and inspection fees shall be deposited by the Borough Treasurer as general revenue as provided by law. The Borough shall provide appropriate budget items to cover the cost of all necessary administrative and engineering services. [8/9/1994]
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 days prior to the initial start of construction and again 24 hours prior to the resumption of work after any idle period exceeding one 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.
C.
Modifications 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 Planning Board of his recommendations. The Planning Board 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 Board takes no formal action within 30 days of such recommendations, or where the developer has not requested formal Planning Board action, its approval will be assumed. Similarly, the Planning Board 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 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 inspected and approved 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 other inspection means 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 effect 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 Board of Commissioners, the Borough Engineer, or any of their agents, employees or other representatives to make any declarations, 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 Board of Commissioners, the Borough Engineer nor any of their agents, employees or representatives shall make any such declaration.
30-7.7 Site maintenance during construction.
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 non-construction hours. Moveable 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 streets and properties.
4.
Construction equipment, materials and trucks shall not be stored within 150 feet of occupied buildings in the site or subdivision and adjoining streets and properties during non-construction 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.
8.
All locations and activities on 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.
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 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 10% cash or certified check portion of the performance guaranty. Upon notice of such deduction, the developer shall, within 10 days, restore the full 10% 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.
30-7.8 Improvements required prior to issuance of a Certificate of Occupancy.
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 nor 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 plantings 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, upon the advice of the Environmental Commission, 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 ensure proper surface drainage and prevent erosion of soils shall have been completed in accordance with the approved soil disturbance plan.
9.
On-site wells. All on-site wells have been installed, tested and approved by the Board of Health.
10.
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 and tested and approved.
11.
Lighting. All outdoor lighting shall have been installed and shall be operational.
12.
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.
13.
Other. Any other conditions established for issuance of a Certificate of Occupancy by the Planning Board as a condition of final site plan approval shall be complied with.
C.
Temporary Certificates of Occupancy shall be issued for a specified period of time, not to exceed one year, and the applicant shall post a cash guarantee with the Borough in an amount equal to the cost, to the Borough, of constructing all uncompleted improvements, prior to the issuance of any such temporary Certificate of Occupancy.
30-7.9 Maintenance guarantee.
A maintenance guarantee shall be posted with the Board of Commissioners for a period not to exceed two years after final acceptance of improvements. The maintenance guarantee shall be in an amount not to exceed 15% of the cost of the improvements, which cost shall be determined by the Borough Engineer. The developer may elect to furnish such maintenance guarantee either (1) by maintaining on deposit with the Borough the 10% cash or certified check portion of the performance guarantee provided in accordance with Section 30-7.1 of this Article, (2) by a bond issued by a bonding company or surety company, (3) by an irrevocable letter of credit subject to the provisions of Section 30-7.1A,lc of this Article, or (4) by any other type of surety acceptable to and approved by the Borough Attorney and the Board of Commissioners in an amount equal to 15% of the cost of the improvements. The maintenance guarantee shall be to the effect that the applicant, developer, owner or user guarantees the complete maintenance of all improvements for a period of two years from the release of his performance guarantee. Should he fail in his obligation to properly maintain all improvements, the Borough may, on 10 days' written notice or immediately, in the case of hazard to life, health, or property, proceed with necessary repair or replacement of any unacceptable improvements and charge the cost thereof against the guarantee. At the end of the maintenance guarantee the cash or certified check on deposit will be returned to the obligor less any sums, properly documented by the Borough, which have been expended to repair or replace any unsatisfactory improvements. [8/9/1994]