Before filing of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to subsection d. of section 52 of P.L. 1975, c. 291 (C. 40:55D-65), the municipality may require and shall accept in accordance with the standards adopted by ordinance and regulations adopted pursuant to section 1 of P.L. 1999, c. 68 (C. 40:55D-53a) for the purpose of assuring the installation and maintenance of certain on-tract improvements, the furnishing of a performance guarantee, and provision for a maintenance guarantee in accordance with paragraphs a through m of this subsection, and Section 25-1600.9 paragraphs a through c. If a municipality has adopted an ordinance requiring a successor developer to furnish a replacement performance guarantee, as a condition to the approval of a permit update under the State Uniform Construction Code, for the purpose of updating the name and address of the owner of property on a construction permit, the governing body may require and shall accept in accordance with the standards adopted by ordinance and regulations adopted pursuant to section 1 of P.L. 1999, c. 68 (C. 40:55D-53a) for the purpose of assuring the installation and maintenance of certain on-tract improvements, the furnishing of a performance guarantee, and provision for a maintenance guarantee, in accordance with paragraphs a through m of this subsection, and Section 25-1600.9 paragraphs a through c.

If required by ordinance, the developer shall furnish a performance guarantee in favor of the municipality in an amount not to exceed one hundred twenty percent (120%) of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the municipal engineer, according to the method of calculation set forth in section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4), for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments, as shown on the final map and required by "the map filing law," P.L. 1960, c. 141 (C. 46:23-9.9 et seq.; repealed by section 2 of P.L. 2011, c. 217) or N.J.S. 46:26B-1 through N.J.S. 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements.

The municipal 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.

A municipality may also require a performance guarantee to include, within an approved phase or section of a development privately-owned perimeter buffer landscaping, as required by local ordinance or imposed as a condition of approval.

At the developer's option, a separate performance guarantee may be posted for the privately-owned perimeter buffer landscaping.

Such guarantee 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 City Council and the Approving Authority and their employees and agents harmless with respect to any acts of the developer, its agents, successors, or assigns.

Such performance guarantee may be in the form of cash, certified check, negotiable securities, a performance bond issued by a bonding company or surety company approved by the Approving Authority Attorney, or any other type of surety acceptable to and approved by the Approving Authority Attorney provided that at least ten percent (10%) of the performance guarantee 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 (10%) portion including the right to interest with dividends, be assigned to the City in a form of assignment acceptable to the Approving Authority Attorney for a period of the bond and that the principal amount be returned to the developer upon completion of the bonded improvements together with two-thirds (2/3) of earned interest, or in the event of default, any interest and principal shall be used by and for the benefit of the City in the completion of said improvements.

In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall, if required by an ordinance adopted by the municipality, furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the municipality in an amount equal to one hundred twenty percent (120%) of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a "temporary certificate of occupancy guarantee," all sums remaining under a performance guarantee, required pursuant to paragraph a of this subsection, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the "temporary certificate of occupancy guarantee" shall be determined by the zoning officer, municipal engineer, or other municipal official designated by ordinance. At no time may a municipality hold more than one guarantee or bond of any type with respect to the same line item. The "temporary certificate of occupancy guarantee" shall be released by the zoning officer, municipal engineer, or other municipal official designated by ordinance upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.

A developer shall, if required by an ordinance adopted by the municipality, furnish to the municipality a "safety and stabilization guarantee," in favor of the municipality. At the developer's option, a "safety and stabilization guarantee" may be furnished either as a separate guarantee or as a line item of the performance guarantee. A "safety and stabilization guarantee" shall be available to the municipality solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:

The amount of a "safety and stabilization guarantee" for a development with bonded improvements in an amount not exceeding one hundred thousand dollars ($100,000.00) shall be five thousand dollars ($5,000.00).

The amount of a "safety and stabilization guarantee" for a development with bonded improvements exceeding one hundred thousand dollars ($100,000.00) shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows: five thousand dollars ($5,000.00) for the first one hundred thousand dollars ($100,000.00) of bonded improvement costs, plus two and a half percent of bonded improvement costs in excess of one hundred thousand ($100,000.00) dollars up to one million ($1,000,000.00) dollars, plus one percent (1%) of bonded improvement costs in excess of one million ($1,000,000.00).

A municipality shall release a separate "safety and stabilization guarantee" to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required under this subsection.

A municipality shall release a "safety and stabilization guarantee" upon the municipal engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.

Approving Authority Engineer. The Approving Authority Engineer shall:

City Clerk. The City Clerk shall:

Approving Authority Attorney. Upon receipt from the Approving Authority of the surety bond and the Engineer's certificate, the Approving Authority 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 Approving Authority Attorney shall directly notify the applicant of its short-comings. When the bond is or has been made correct, the Approving Authority Attorney shall make a written certificate to that effect to the Approving Authority. Thereupon said Approving Authority Attorney shall deliver the bond and Approving Authority Engineer's and Approving Authority Attorney's certificates to the City Clerk.

City Clerk. Upon the receipt from the Approving Authority Attorney of the bond and certificates of the Approving Authority Engineer and Approving Authority Attorney, the City Clerk shall:

The allocation of the cost of off-tract improvements shall be determined in accordance with the following:

All monies received by the City in accordance with the provisions of this Section shall be paid to the City 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 City.

The apportionment of costs shall be determined by the Approving Authority. The developer shall be afforded an opportunity before said Board to present evidence relative thereto.

The time allowed for installation of the bonded improvements for which the performance guarantee 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 guarantee 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, which cost shall be determined by the municipal engineer according to the method of calculation set forth in section 15 of P.L.1991, c.256 (C.40:55D-53.4) as of the time of the passage of the resolution.

If the required bonded improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected and the municipality 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," P.L.1971, c.198 (C.40A:11-1 et seq.).

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 governing body in writing, by certified mail addressed in care of the municipal clerk, that the municipal engineer prepare, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to paragraph a of this subsection, a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the municipal engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the municipal engineer shall inspect all bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, 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 municipal engineer shall state, in detail, with respect to each bonded 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 bonded improvement determined to be unsatisfactory. The report prepared by the municipal engineer shall identify each bonded 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 bonded improvement, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to paragraph a of this subsection.

The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the municipal engineer, or reject any or all of these bonded 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 municipal engineer and appended to the performance guarantee pursuant to paragraph a of this subsection. This resolution shall be adopted not later than forty-five (45) days after receipt of the list and report prepared by the municipal engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded 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 total performance guarantee and "safety and stabilization guarantee" posted may be retained to ensure completion and acceptability of all improvements. The "safety and stabilization guarantee "shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.

For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to subsection a. of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed seventy percent (70%) of the total amount of the performance guarantee, then the municipality may retain thirty percent (30%) of the amount of the total performance guarantee and "safety and stabilization guarantee" to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a "temporary certificate of occupancy guarantee" has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below thirty percent (30%).

If the municipal engineer fails to send or provide the list and report as requested by the obligor pursuant to paragraph d of this subsection 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 municipal 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. If the governing body fails to approve or reject the bonded improvements determined by the municipal engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within forty five (45) days from the receipt of the municipal 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 municipal engineer and appended to the performance guarantee pursuant to paragraph a of this subsection; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

In the event that the obligor has made a cash deposit with the municipality or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection 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, provided that if the developer has furnished a "safety and stabilization guarantee," the municipality may retain cash equal to the amount of the remaining "safety and stabilization guarantee."

If any portion of the required bonded improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section shall be followed.

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 municipal engineer.

The obligor shall reimburse the municipality for reasonable inspection fees paid to the municipal engineer for the foregoing inspection of improvements; which fees shall not exceed the sum of the amounts set forth in paragraphs 1 and 2 of this paragraph a. The municipality may require the developer to post the inspection fees in escrow in an amount:

For those developments for which the inspection fees total less than ten thousand dollars ($10,000.00), fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be fifty percent (50%) of the inspection fees. When the balance on deposit drops to ten percent (10%) of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the municipal engineer for inspections, the developer shall deposit the remaining fifty percent (50%) of the inspection fees.

For those developments for which the inspection fees total ten thousand dollars ($10,000.00) or greater, fees may, at the option of the developer, be paid in four (4) installments. The initial amount deposited in escrow by a developer shall be twenty-five percent (25%) of the inspection fees. When the balance on deposit drops to ten percent (10%) of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the municipal engineer for inspection, the developer shall make additional deposits of twenty five percent (25%) of the inspection fees.

If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to paragraphs a1 and a2 of this subsection, is insufficient to cover the cost of additional required inspections, the municipality may require the developer to deposit additional funds in escrow provided that the municipality delivers to the developer a written inspection escrow deposit request, signed by the municipal engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.

Prior to paving.

Prior to site work concrete pours, i.e. sidewalks, curbs, pavements, slabs and parking aprons.

Prior to back filling drainage and/or sanitary sewer lines.

Following installation of landscaping features including but not necessarily limited to trees, shrubs, ground cover, sod, mulch, fencing, pavers and border timbers.

Following completion of all site or subdivision improvements prior to the issuance of a permanent Certificate of Occupancy or substantial completion prior to the issuance of a temporary Certificate of Occupancy (subsections 25-1600.8.1 and 25-1600.8.2), the inspection shall include all elements of the approved Site and or Subdivision Plan and Engineer's estimate.

Prior to the release of the maintenance guarantee, the Approving Authority and or City Engineer shall notify the Approving Authority following final or substantial completion of improvements. The Zoning Officer shall receive a copy of this report.

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.

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.

Materials stored on the site shall be screened from the view of occupants of the subdivision or site and adjoining street and properties.

Safe vehicular and pedestrian access to occupied buildings in the site or subdivision shall be provided at all times.

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.

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.

All locations and activities in the site or subdivision which present potential hazards shall be marked with signs indicating the potential hazard.

Unsightly construction debris, including scrap materials, cartons, boxes and wrappings must be removed daily at the end of each working day.

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.

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.

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.

Sidewalks. All sidewalks necessary to provide access to the lot, building or use in question shall have been properly installed.

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.

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.

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 City Engineer.

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 City 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.

Site Grading. All site grading necessary to permit proper surface drainage and prevent erosion of soils shall have been completed in accordance with the soil disturbance plans approved by the Cape Atlantic Soil Conservation District.

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.

Lighting. All outdoor lighting shall have been installed and shall be operational or payment made to the Atlantic City Electric for the installation of said lighting.

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.

Performance Guarantee. The Code Enforcement Official shall have received a statement signed by the Developer and any entity providing any performance guarantee, which contains language identical or similar to the following: "The issuance of any Certificate of Occupancy (temporary or permanent) shall not be a basis for any claimed reduction in any performance guarantee."

Other. Any other conditions established for issuance of a Certificate of Occupancy by the Approving Authority as a condition of final site plan approval shall be complied with.

If required by ordinance, the developer shall post with the municipality, prior to the release of a performance guarantee required pursuant to subsection 25-1600.1.1, a maintenance guarantee in an amount not to exceed fifteen percent (15%) of the cost of the installation of the improvements which are being released.

If required, the developer shall post with the municipality, upon the inspection and issuance of final approval of the following private site improvements by the municipal engineer, a maintenance guarantee in an amount not to exceed fifteen percent (15%) of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4).

The term of the maintenance guarantee shall be for a period not to exceed two (2) years and shall automatically expire at the end of the established term.

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 municipality for such utilities or improvements.

The developer may elect to furnish such maintenance guarantee either by: (1) maintaining on deposit with the City the ten percent (10%) cash or certified check portion of the performance guarantee provided in accordance with Section 25-1600.1; or (2) by a bond issued by a bonding company or surety company, or other type of surety acceptable to and approved by the Approving Authority Attorney and Approving Authority. Should the applicant, developer, owner or user fail in his obligation to properly maintain all improvements, the City may, on ten (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 or deposit will be returned to the developer less any sums, properly documented by the City which has been expended to repair or replace any unsatisfactory improvements.