ARTICLE VI Improvements
§ 246-12. Required improvements; inspection and approval.

A. Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guaranties for the ultimate installation of the following:

(1) Streets.

(2) Street-signs:

(3) Curbs and/or gutters.

(4) Sidewalks.

(5) Streetlighting, including wiring, pedestal, stanchion, light fixtures and elements, and transformers. [Amended 1-25-84 by Ord. No. 0-1-84]

(6) Shade trees, to be located inside the property line so as not to interfere with utilities or sidewalks and to be of the types approved by the Planning Board.

(7) Topsoil protection. No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six (6) inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.

(8) Monuments, to be of the size and shape required by Section 4 of Chapter 358 of the Laws of 1953 and to be placed in accordance with said statute.

(9) Water mains, culverts, storm sewers and sanitary sewers. All such installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future development.

(10) For subdivision projects located in a sewer service area of the township where sewer capacity is not presently available or where a township sewer main is to be constructed to provide public sewer service, dry sewer lines shall be required to be installed. [Added 9-14-04 by Ord. No. 0-25-04]

B. All of the above-listed improvements shall be subject to inspection and approval by the Municipal Engineer, who shall be notified by the developer at least twenty-four (24) hours prior to the start of construction. No underground installation shall be covered until inspected and approved.

§ 246-13. Performance guaranties.

A. No final plat shall be approved by the Planning Board until the completion of all such required improvements has been certified to the Planning Board by the Municipal Engineer, unless the subdivision owner shall have filed with the municipality a performance guaranty sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof as estimated by the Municipal Engineer and assuring the installations of such uncompleted improvements on or before an agreed date. Such performance guaranty may be in the form of a performance bond which shall be issued by a bonding or surety company approved by the governing body; certified check, returnable to the subdivider after full compliance; or any other type of surety approved by the Municipal Attorney.



B. The performance guaranty shall be approved by the Municipal Attorney as to form, sufficiency and execution. Such performance guaranty shall run for a period to be fixed by the Planning Board, but in no case for a term of more than three (3) years. However, with the consent of the owner and the surety, if there is one, the governing body may by resolution extend the term of such performance guaranty for an additional period not to exceed three (3) years. The amount of the performance guaranty may be reduced by the governing body by resolution when portions of the required improvements have been installed.

C. If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the municipality for the reasonable cost of the improvements not installed, and upon receipt of the proceeds thereof the municipality shall install such improvements.