No final application for development shall be approved by the Board until the satisfactory completion and performance of those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, which improvements shall be certified to the Board by the City Engineer and unless the owner shall have filed with the municipality a performance guaranty assuring the installation of those improvements that are to be dedicated to a public entity on or before an agreed date and as hereinafter provided.

Before the filing of final subdivision plats or recording of minor subdivision deeds or as a condition to the issuance of a zoning permit pursuant to Subsection d of Section 52 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-65) the owner shall have filed with the City a performance guaranty assuring the installation of those improvements that are to be dedicated to a public entity on or before an agreed date and as hereinafter provided.

A developer or owner shall file with the City a performance guaranty for privately owned perimeter buffer landscaping as required by ordinance or imposed as a condition of approval within an approved phase or section of a development. At the developer or owner's option, a separate performance guaranty may be posted for the privately owned perimeter buffer landscaping.

Temporary certificate of occupancy guaranty.

Safety and stabilization guaranty.

The applicant shall present two copies of all performance guaranties, temporary certificate of occupancy guaranties, and safety and stabilization guaranties in amounts equal to 100% of the approved guaranty estimate for approval as to form and execution by the City Attorney.

Road subgrade.

Curb and gutter forms.

Curbs and gutters.

Road paving. A core sample shall be taken by the City Engineer, at the applicant's expense, at distances within the discretion of the City Engineer and, also at the applicant's expense, shall be subjected to laboratory testing, and reports shall be submitted by the City Engineer and recorded in the office of the City Clerk.

Sidewalk forms.

Sidewalks.

Drainage pipes and other drainage structures before backfilling.

Street name signs.

Exterior lighting.

Monuments.

Release of performance guaranty. The governing body shall, by resolution, release or declare in default each performance guaranty. Prior to the governing body releasing a performance guaranty, the Construction Official must have reviewed the request for release and officially recommended such release. Such performance guaranty shall remain in effect until released by the governing body. The amount of the performance guaranty may be reduced by the governing body by resolution when portions of the required improvements have been installed and have been inspected, provided that 30% of the amount of the total performance guaranty and safety and stabilization guaranty posted shall be retained to ensure completion and acceptability of improvements. Any amount of the performance guaranty attributable to bonded improvements for which a temporary certificate of occupancy guaranty has been posted shall be released from the performance guaranty even if such release would reduce the amount held by the municipality below 30%. No reduction shall be approved until the City Engineer shall have certified the estimated cost of completing any remaining required improvements. If any improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the City for reasonable cost on the improvements not installed and, upon receipt of the proceeds thereof, the City shall install such improvements. The City shall also have all other remedies as may be lawfully available.

Release of temporary certificate of occupancy guaranty. The City shall not hold more than one guaranty or bond of any type with respect to the same line item. Upon the posting of a temporary certificate of occupancy guaranty, all sums remaining under a performance guaranty which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. A temporary certificate of occupancy guaranty shall be released by the City Engineer 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.

Release of safety and stabilization guaranty. The City shall release a safety and stabilization guaranty to a developer upon the developer's furnishing of a performance guaranty which includes a line item for safety and stabilization in the amount required within N.J.S.A. 40:55D-53(d), or upon the City 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.

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

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

The owner shall have filed with the governing body a maintenance guaranty in an amount not to exceed 15% of the cost of installing the improvements which are being released. Upon the inspection and issuance of final approval of certain private site improvements by the City Engineer, the developer shall post a maintenance guaranty in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, inflow and water quality structures within the basins, and the outflow pipes and structures of the stormwater management system which shall be calculated pursuant to the Municipal Land Use Law.[1] The maintenance guaranty shall run for a period of two years and shall automatically expire at the end of the established term. The procedures and requirements governing such maintenance guaranty shall be identical with the procedures and requirements for a performance guaranty set forth in this chapter. The requirements for a maintenance guaranty may be waived by the governing body only if the City Engineer has certified that the improvements have been in continuous use for not less than two years from the date the City Engineer certified completion of such improvements and that during this period the owner has maintained the improvements in a satisfactory manner.

In cases where the need for any off-tract improvement is created by the proposed subdivision or site plan and where the Planning Board determines that properties outside the subdivision or tract will also be benefited by the improvement, the Planning Board shall forthwith forward to the municipal governing body a list and description of all such improvements, together with its request that the governing body determine and advise the Board of the procedure to be followed in the construction or installation thereof. The Planning Board shall withhold action upon the subdivision or site plan until receipt of the governing body's determination or until the expiration of 60 days after the forwarding of such list and the description to the governing body without such determination having been made, whichever occurs sooner.

The governing body, within 60 days afte receipt of said list and description, shall determine and advise the Planning Board whether:

If the governing body shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(a)[1] above, the Planning Board shall estimate, with the aid of the municipal engineer or such other persons as have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subdivision or tract, will be specifically benefited thereby, and the subdivider or developer shall be liable to the municipality for such excess. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the subdivider or developer for any excess of total cost over total benefits conferred, as set forth above.

If the governing body shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(a)[2] above, the Planning Board shall, as provided in Subsection B(3) of this section, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the subdivision property or tract, will be specifically benefited by the improvement, and the subdivider or developer shall be liable to the municipality therefor, as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by the improvement or improvements. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the subdivider or developer with respect thereto, and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the Revised Statutes, except to the extent modified by the obligation of the subdivider or developer for any excess of total costs over total benefits conferred, as set forth above.

If the governing body shall determine that the improvement or improvements are to be constructed or installed by the subdivider or developer under Subsection B(2)(b) above, the Planning Board shall, in like manner, estimate the amount of such excess, and the subdivider or developer shall be liable to the municipality therefor as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by the improvement or improvements. However, the subdivider or developer shall be entitled to be reimbursed by the municipality for the amount of any special assessments against property other than the subdivision property or tract for benefits conferred by the improvement or improvements, and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the Revised Statutes. However, any such assessment against the subdivision property or tract shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements of the subdivider or developer.

If the governing body shall not adopt such an ordinance or resolution within said time, the final subdivision layout or site plan shall be designed accordingly, and the Planning Board shall thereupon grant or deny final approval.

If the improvement is to be constructed by the subdivider or developer under Subsection A or under Subsection B(2)(b) of this section, a performance bond with surety in an amount equal to the estimated cost of the improvement, or as to any part of said improvement that is to be acquired or installed by the municipality under said Subsection A, a cash deposit equal to the estimated cost of such acquisition or installation by the municipality.

If the improvement is to be constructed by the municipality as a general improvement under Subsection B(2)(a)[1] of this section, a cash deposit equal to the amount of the excess of the estimated cost of the improvement over the estimated total amount by which all properties, including the subdivision property or tract, will be specifically benefited thereby.

If the improvement is to be constructed by the municipality as a local improvement under Subsection B(2)(a)[2] of this section, a cash deposit equal to the amount referred to in the preceding subsection plus the estimated amount by which the subdivision property or tract will be specifically benefited by the improvement.

In order for the City to provide for appropriate recreation facilities for all City residents, the City of Somers Point Planning Board and the City of Somers Point Zoning Board shall require any residential major subdivision applicant and any site plan approval applicant seeking residential development of more than three dwelling units to post an off-tract assessment for the reasonable contribution cost of recreation facilities in accordance with Subsection H(2), (4) and (5) below, unless the Board is satisfied pursuant to Subsection H(6) below that an applicant's plan adequately and sufficiently provides recreation facilities.

The reasonable contribution cost established on each newly created lot including the original lot, or on each new dwelling unit, as the case may be, with respect to any applicant seeking major subdivision and any site plan applicant seeking approval of a residential development of more than three dwelling units shall be as follows:

The requirement for such fees shall be imposed by the City of Somers Point Planning Board and the City of Somers Point Zoning Board at the time of a residential major subdivision approval and at the time of a site plan approval for residential development of more than three dwelling units. Payment of the contribution required pursuant hereto shall be made prior to the signing of the final plans by the Planning Board Chairman or Zoning Board Chairman, Planning Board or Zoning Board Secretary or City Engineer, and shall be used solely for the purchase, periodic lease, development or maintenance of facilities used or to be used for public recreational purposes. No building permit shall be issued until and unless such payment has been made and such signing takes place.

If the applicant perfects a residential major subdivision by the filing of deeds rather than the filing of the residential major subdivision plan, the fees shall be paid prior to the filing of such deeds. The applicant shall send written confirmation of payment to the Chairman of the City of Somers Point Planning Board or the Chairman of the City of Somers Point Zoning Board, as the case may be.

The contribution for dwelling units created by a site plan application for residential development of more than three dwelling units shall be paid prior to the issuance of any building permit for any dwelling unit, and no building permit shall be issued without such payment.

Alternatively, the City of Somers Point Planning Board and the City of Somers Point Zoning Board, as the case may be, shall in their discretion have the option to waive the imposition of the reasonable contribution cost with respect to an affected application if the Board is satisfied the applicant has provided adequate and sufficient recreation facilities available to the public for public use as part of its application and that the applicant has demonstrated to the satisfaction of the Board's Engineer that the cost of the recreation facilities provided in the application exceeds the cost that would be generated by the off-tract assessment for the application. In such instance, the Board shall express that conclusion and the reasons for such conclusion in its motion of approval and any resolution memorializing same.