West Long Branch City Zoning Code
§ 18-13.27
Approval of Performance Guarantees.
[Ord. #513]
a.
Duties of Borough Engineer, Borough Attorney, and Borough Clerk. No performance guarantees shall be presented for approval of the Borough until the municipal officials listed below have performed the following and have made 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)
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; also, advise the applicant of the amount required to pay the Borough as a proper inspection, testing and administration fee.
2.
Borough Clerk. The Borough Clerk shall:
(a)
Ascertain that the plat of a site plan or subdivision has been approved by the Monmouth County Planning Board and the Borough Planning Board or Board of Adjustment.
(b)
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)
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).
3.
Borough Attorney. Upon receipt from the Borough Clerk of the surety bond and the Engineer's certificate, the Borough 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 Borough Attorney shall directly 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 said Attorney shall deliver the bond and Engineer's and Attorney's certificates to the Borough Clerk.
4.
Borough Clerk. Upon the receipt from the Borough Attorney of the bond and certificates of the Engineer and Attorney, the Borough Clerk shall:
(a)
Collect from the applicant the proper fee or fees, if any, payable to the Borough in accordance with the Engineer's certificate.
(b)
Place the matter of approval of bond(s) on the agenda of the next regular meeting of the Borough Council for its consideration.
(c)
Submit the bond, certificate and fees to the Borough Council at the next regular meeting of said Council.
b.
Certificates — Form, Dating. Each of said 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 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 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 corporation seal of the surety company and the seal, corporate or otherwise of the principal.
d.
Copies. The Borough Clerk and Administrative Officer shall keep a supply of copies of these bond requirements in his office for the use of applicants and the general public.