Prior to the signing of a final plat or deeds, issuance of a development permit and/or the commencing of any clearing, grading or installation of improvements, the developer shall have filed with the municipality a performance guaranty and inspection fees.

If at the time the performance guaranty is filed with the municipality the developer has not also filed with the municipality proof that any other necessary performance guaranties have been filed and accepted by governmental bodies, authorities, public utility companies and private utility companies other than the municipality which have jurisdiction over improvements on the site or subdivision, the amount of the performance guaranty and inspection fees shall be increased to reflect the cost of such improvements.

All performance guaranties and inspection fees shall run to and be in favor of the City of Perth Amboy in the County of Middlesex.

The performance guaranty shall be approved by the Corporation Counsel as to form, sufficiency and execution and shall be subject to the following conditions:

If the required improvements are completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereupon to the municipality for the reasonable cost of the improvements not completed or corrected, and the municipality shall notify the obligor and surety by certified mail that all improvements shall be completed within ten (10) calendar days after receipt of the notice. If the improvements are not completed, the proceeds of the guaranty shall be reimbursed to the municipality by the obligor and surety.

Upon completion and/or substantial completion of the required improvements as defined in this Article, except the final application of bituminous concrete wearing surface, street shade trees, concrete monuments and the connection of applicable improvements to the public system, the obligor may notify the Municipal Engineer for reduction in the bond as defined in N.J.S.A. 40:55D-53d.

The Municipal Council shall either approve, partially approve or reject the improvements, based upon the Municipal Engineer's report as per the procedures outlined in N.J.S.A. 40:55D-53e.

Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Municipal Council or the Municipal Engineer as defined in N.J.S.A. 40:55D-53g.

The obligor shall supply the municipality, in advance of any improvements, a reasonable inspection fee and administrative costs for the improvements for a minor subdivision, major subdivision, minor site plan, major site plan, preliminary and final, for the Municipal Engineer to verify that the improvements are completed as shown on the approved plans. The fees for the Municipal Engineer's inspection shall be as follows: the inspection fee required shall be five percent (5%) of the estimated cost of construction as estimated by the Municipal Engineer. There shall be a minimum inspection fee of five hundred dollars ($500.). Further, the Municipal Comptroller shall notify the applicant and require payment of an additional fee equal to fifty percent (50%) of the original fee if and when an inspection fee account retained by the City of Perth Amboy reaches twenty-five percent (25%) of the original inspection fee. The Municipal Comptroller shall be authorized to require less than the fifty-percent original fee if the Municipal Engineer estimates that the work to be completed can be done by requiring a lesser additional fee deposit to be held by the municipality.

In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-11 et seq., the provisions of this section shall be applied by such stage or section.

Duties of Municipal Engineer, Corporation Counsel and Municipal Clerk. No performance guaranties shall be presented for acceptance to the municipality until the officials listed below have performed the following and have made certification of their performance, in writing, to the Municipal Engineer.

Certificates. Each of said certificates shall be dated and written in letter form upon the stationery of the municipality and signed by him or his authorized agent or representative.

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 (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.

Copies. The Municipal Clerk and administrative officer shall keep a supply of copies of these bond requirements in their office for the use of applicants and the general public.

General requirements. Where the municipal agency determines that 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 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.

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.

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 Municipal Engineer.

No less than five (5) days prior to commencing construction of any improvements on the site, the developer or his agent shall provide the Municipal 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.

Inspection, testing and engineering administration fees. Prior to beginning construction, the developer shall arrange for a preconstruction conference between the developer, contractors and Municipal Engineer. The Municipal 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 municipality for all reasonable inspection fees by submitting a certified check or bank money order to the Municipal Clerk. This fee shall be in addition to the amount of the performance guaranty and all application fees. 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 Municipal Comptroller, each additional deposit being in amounts not to exceed fifty percent (50%) of the initial deposit.

Inspection notice. All required improvements, except those utility improvements which are not the responsibility of the municipality, shall be subject to inspection and approval by the Municipal 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 or which shall be notified by the developer in accordance with the utilities' requirements.

Modification of improvements. At any time, whether as a result of his inspection of work underway or otherwise, the Municipal 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 Municipal Engineer, take formal action to approve or disapprove such recommendations; provided, however, that it must first afford the developer an opportunity to be heard.

General inspection requirements. All improvements, except as otherwise provided, shall be subject to inspection and approval by the Municipal Engineer. No underground installation shall be covered until inspection and approval by the Municipal 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 Municipal Engineer, and charges for such work will be paid for by the developer.

Inspection not acceptance. Inspection of any work by the Municipal 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 municipality 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.

Payment to contractors. No developer shall enter into any contract requiring the Municipal Council, the Municipal 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 Municipal Council, Municipal Engineer nor any of their agents, employees or representatives shall make any such declaration.

Procedure on acceptance of public improvements. When the developer has constructed and installed the on-site or off site improvements and other improvements in accordance with municipal regulations, standards and specifications and desires the municipality to accept said improvements, he shall, in writing, by certified mail, return receipt requested, addressed to the Municipal Clerk, with copies thereof to the Municipal Engineer, request the Municipal Engineer to make a semifinal inspection of said improvements. If the improvements have been constructed under a performance guaranty, 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, gaslines, telephone conduits, monuments, iron property markers and any other utility or improvements installed. 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. 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 Mylar sheets not exceeding twenty-four by thirty-six (24 x 36) inches. The as-built plan(s) shall be required for any improvements in which partial releases of the performance guaranty are requested.

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.

Should the developer fail in his obligation to maintain the site or subdivision in a safe and orderly condition, the municipality 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 performance guaranty. Upon notice of such deduction, the developer shall, within ten (10) days, restore the cost of the work by the municipality, or his performance guaranty will be held to be void, and the municipality may take action as if final plat approval had not been obtained.

The Construction Official shall, upon receiving notice from the Municipal 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.

The developer shall be responsible to maintain all road surfaces in a good and safe traveling condition, including snow removal and deicing until the streets are acceptable by the municipality.

No permanent certificate of occupancy shall be issued for any use or building until all required improvements are installed and approved by the Municipal Engineer or other appropriate authority.

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 Municipal Engineer or other appropriate authority shall have, where applicable, certified to the following.

Temporary certificates of occupancy shall be issued for a specified period of time, not to exceed one (1) year.

A maintenance guaranty shall be furnished by the developer upon release of the performance guaranty by the Municipal Council upon written recommendation by the Municipal Engineer. The developer may elect to furnish such maintenance guaranty either by a deposit with the municipality by certified check or by a bond issued by a bonding company or surety company or other type of surety acceptable to and approved by the Municipal Attorney in an amount equal to fifteen percent (15%) of the total performance guaranty. The maintenance guaranty shall begin with the release of the performance guaranty and shall run for a period of two (2) years. The maintenance guaranty shall be to the effect that the applicant, developer, owner or user guarantees the complete maintenance of all improvements for a period of two (2) years from the release of his performance guaranty. Should he fail in his obligation to properly maintain all improvements, the municipality 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 guaranty. At the end of the maintenance period, the guaranty may be returned to the subdivider with approval by the Municipal Council less any sum properly documented by the municipality, which has been expended to repair or replace any unsatisfactory improvements.

The developer shall maintain sufficient funds in the engineering inspection account to cover costs of inspection during the maintenance period. In no case shall the fee on deposit with the municipality be less than twenty-five percent (25%) of the original deposit or two hundred dollars ($200.), whichever is greater.

Upon release of the maintenance guaranty by the Municipal Council, the unused inspection fee shall be returned to the developer.