No final major subdivision application (whether for an entire tract or a section thereof) shall be approved by the Board until the satisfactory completion and performance of all required public improvements has been certified to the Board by the Borough Engineer unless the owner shall have performed the following:

The reviewing Board may require, as a part of preliminary approval, the installation of streets and curbs as a part of the first phase of development, in which case the above referred to requirements shall apply.

Except as hereafter provided, the remaining required improvements shall be at least 50% completed as to each category set forth in the performance guarantee within one year from the date of final approval or by such time as 50% of the lots in the section in question have been conveyed in any manner by the applicant, whichever shall first occur. At least 75% of the remaining required improvements shall be completed as to each category as set forth in the performance guarantee within 18 months from the date of final approval, or at such time as 75% of the lots in the section in question have been conveyed in any manner by the applicant; whichever shall first occur. Such improvements shall be 100% completed and accepted by the Borough within two years from the date of final approval or at such time as all of the lots in the section in question have been conveyed in any manner by the applicant, whichever shall first occur. It is the intention of the Borough Council that these requirements will provide to those living in each new section of a subdivision a lot that is as complete as possible with respect to tract and individual improvements.

No final major site plan application (whether for an entire tract or a section thereof) shall be approved by the Board unless: a) the Borough Engineer has certified to the Board that all public improvements required by the preliminary site plan approval have been satisfactorily completed or, b) the applicant, with the approval of the Planning Board or Zoning Board of Adjustment, as the case may be, has entered into developer's agreement with the Borough in a form satisfactory to the Borough Attorney and authorized by the Governing Body, requiring the installation and maintenance by the applicant (and the applicant's successors in interest) of the public improvements, imposing such limitations upon, and/or staging of, the development of the site as are necessary to ensure orderly construction of the public improvements, and assuring the installation of the public improvements on or before an agreed date by the filing of a performance guarantee in accordance with Section 30-902 C of this chapter.

Notwithstanding the above, the reviewing Board shall have the discretionary power, as part of the application for preliminary approval, to require the developers agreement referred to above, within a specified time if it so desires.

For purposes of this chapter section, the term "public improvements" shall mean streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation devices, landscaping, public improvements of open space and other on-site improvements.

A performance guarantee estimate shall be prepared by the applicant's engineer and submitted to the Borough Engineer for review and approval, setting forth all required improvements as determined by the Board and their estimated cost. Any adjustment in the amount of performance guarantee shall be approved by resolution of the Borough Council.

The applicant shall present two copies of the performance guarantee in an amount equal to 120% of the approved performance guarantee estimate for approval as to form and execution by the Borough Attorney; additional copies of the performance guarantee shall be forwarded by the owner to the Planning Board Attorney.

The performance guarantee shall be made payable and deposited to the Borough of Ogdensburg and shall be in the form of cash, irrevocable letter of credit or certified check or a performance bond in which the applicant shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey. The Borough shall issue its receipt for such deposits and shall cause the same to be deposited in the name of the Borough to be retained as security for completion of all requirements and to be returned to the owner on completion of all required work or, in the event of default on part of the applicant, to be used by the Borough to pay the cost and expense of obtaining completion of all requirements.

10% of the amount of the approved performance guarantee shall be deposited by the applicant in cash with the Borough. The remaining 90% may be in cash, irrevocable letter of credit or surety bond. In the event of default, the 10% cash shall be first applied to the completion of the requirements and any bidding and legal costs associated therewith, and the remaining 90% cash, letter of credit, or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements and any additional bidding and legal costs associated therewith.

The type of performance guarantee required may be designated as a condition of preliminary or final approval by the reviewing Board.

The applicant has paid all fees required by this chapter;

The applicant has received all other governmental approvals required by the Board's resolution of Memorialization granting subdivision and/or site plan approval;

The applicant has met or satisfied all conditions of all previous approvals;

All revisions to the submitted plat or plan required by the Board at the time of subdivision or site plan approval have been filed with and approved by the Borough Engineer and any other individual or group as may have been specified by the Board in the applicable resolution of Memorialization granting subdivision and/or site plan approval;

The applicant's construction plans have been filed with and approved by the Borough Engineer;

The applicant has had a preconstruction meeting with the Borough Engineer in accordance with Section 30-1002 A of this chapter for the purpose of forecasting and resolving problems that may arise during the time of construction.

All site improvements and utility installations for site plans, subdivisions, plot plans and other realty improvements shall be inspected during the time of their installation under the supervision of the Borough Engineer to insure satisfactory completion. The cost of said inspection shall be the responsibility of the owner who shall pay to the Borough Treasurer a sum equal to 4% of the amount of the estimated developer construction costs as approved by the Borough Engineer.

In no case shall any paving work be done without permission from the Borough Engineer. At least two working days' notice shall be given to the Borough Engineer prior to any construction so that he or a qualified representative may inspect the work to be done.

Streets shall not be paved with a top course until all heavy construction is completed and, if determined by the Borough Engineer to be necessary, the macadam base course has first been restored. Shade trees shall not be planted until all grading and earth moving is completed. The placing of surveyor's monuments shall be among the last operations.

The Borough Engineer's office shall be notified at least two working days prior to the commencement of the following phases of work so that he or a qualified representative may inspect the work:

Any improvement installed contrary to the plan or plat approval by the Borough shall constitute just cause to void the municipal approval.

Any improvement installed without notice for inspection pursuant to section 30-902 D,4 hereinabove shall constitute just cause for:

Inspection by the Borough of the installation of improvements and utilities shall not operate to subject the Borough of Ogdensburg to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during constructions or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractor, if any.

Upon the completion or substantial completion of all required appurtenant utility improvements, and the connection of same to the public system, the obligor may notify the Borough Council in writing, by certified mail in care of the Borough Clerk, of the completion or substantial completion of the improvements and shall simultaneously send to the Borough Engineer a certified copy thereof. Within 10 working days of receipt of the notice, the Borough Engineer shall inspect all the improvements of which such notice has been given and file a detailed report, in writing, with the Borough Council, indicating either approval, partial approval or rejection of such improvements, with a statement of the reasons for any rejection. The costs of the improvements as approved or rejected shall be set forth.

Where partial approval is granted, the obligor shall be released from all liability pursuant to the performance guarantee for such improvements not yet approved; provided that 30% of the performance guarantee posted may be retained to ensure the completion of all improvements and that said 30% may be applied against all improvements, regardless of when completed.

If any portion of the required improvements is rejected, the obligor shall complete such improvements and, upon completion, shall notify the Borough Council as specified in Section 30-902 E,8 of this chapter and the same procedures shall be followed as in the first instance.

Bonds, if any, shall be released first; cash shall be released last.

The Borough Engineer shall have certified in writing that the improvements are completed and that they comply with the requirements of this chapter.

The final application for development shall have been approved by the Board.

The owner shall have filed with the Borough Council a maintenance guarantee in an amount equal to and not more than 15% of the cost of installing the improvements. The maintenance guarantee shall run for a period of two years. The procedures and requirements governing such maintenance guarantee shall be identical with the procedures and requirements for a performance guarantee set forth in this chapter. The requirements for a maintenance guarantee may be waived by the Borough Council only if the Borough Engineer has certified that the improvements have been in continuous use for not less than two years from the date the Borough Engineer certified completion of such improvements and that during this period the owner has maintained the improvements in a satisfactory manner; and

An "as built" plan and profiles of all utilities and roads (three black and white prints plus a mylar copy to be sent to the Borough Engineer), with certification signed and sealed by a New Jersey licensed professional engineer as to the actual construction as approved by the Borough Engineer, shall be provided.