Union Beach City Zoning Code
§ 13-7.2
Approval of Performance Guarantees.
a.
Duties of Borough Engineer, Borough Attorney and Borough Clerk. No performance guarantees shall be presented for approval of the borough council until the municipal officials listed below have performed the following and make certification of their performance, in writing to the borough council.
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 Union Beach Planning Boards.
(c)
Determine those acts or things 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 he recommends granting the applicant to provide each 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 subsection 13-7.2a.1(c) 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.
(f)
Deliver to the borough attorney:
(1)
A copy of the letter advising the applicant of amount required to pay the borough as proper inspection, testing, and administration fee so that a developer's agreement can be prepared; and
(2)
The original copy of the surety company bond of the applicant; and
(3)
The borough engineer's written certificate addressed to the borough council which certificate and bond shall be delivered at one and the same time.
(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).
(h)
If there is nothing the applicant needs to do under subsection 13-7.2a.1(c) above the certificate shall so state and give the reason therefor.
2.
Borough Attorney: The borough attorney shall:
(a)
Upon receipt from the borough engineer of the surety bond, engineer's certificate, and the copy of the engineer's letter advising the applicant of the amount required to pay the borough as a proper inspection, testing and administration fee, the borough attorney shall promptly examine said bond and determine whether or not it is in correct form, content and execution.
(b)
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 borough council. Thereupon the attorney shall deliver the bond and engineer's and attorney's certificates to the borough clerk.
(c)
Prepare a developer's agreement and forward same to developer for execution and thereafter upon receipt of executed agreement cause same to be executed by the mayor and witnessed by the clerk. Applicant shall post an initial escrow fee as set forth in said developer's agreement to reimburse the borough for legal fees incurred in the review and preparation of the documents and the administration and enforcement of the terms set forth in said developer's agreement as well as inspection, testing and administration fees provided in the engineer's estimate.
3.
Borough Clerk: Upon the receipt from the borough attorney of the bond and certificates of the engineer and attorney, and the developer's agreement, the borough clerk shall:
(a)
Cause the developer's agreement to be executed by the mayor and witnessed by the clerk; and thereafter.
(b)
Collect from the applicant the proper fee or fees, if any, payable to the borough in accordance with the engineer's certificate and the developer's agreement.
(c)
Place the matter of approval of bonds on the agenda of the next regular meeting of the borough council for its consideration;
(d)
Submit the bond, certificate and fees to the borough council at the next regular meeting of the council.
b.
Certificates - Form, Dating. Each of the 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 the bond an authority of the surety company empowering the person or persons who executed the 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 the bond. The 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.