a. Identification of Preparer. Each map, drawing or other exhibit shall include the name, address and certification of the licensed professional surveyor, engineer, planner and architect, as applicable, responsible for the preparation of each exhibit.

b. Submission Requirements. The submission requirements for final site plan review and approval shall include, but not be limited to, the following:

1. All information, maps, details, reports and other materials required for the preliminary site plan submission.

2. All additional information, maps, details, reports and any additional material specifically required as a condition of preliminary approval.

3. In the case of site plans related to applications for subdivision approval, final plat and other materials as required in the subdivision ordinances for final plat approval.

4. A closed boundary survey showing the total land to be developed, and the net tract area with accuracy within one (1) square foot. All bearings shall be referred to true meridian, including lot surveys, showing marker locations (permanent monuments) for all land to be subdivided. Existing buildings, roads (including present widths of adjacent streets), easements, floodplains, wetlands, ponds, lakes, stream corridors and watercourses, trees, woodlands individual trees of eight (8") inch caliper or greater, all rights-of-way and easements, building dimensions at ground level and existing contours at a minimum of two (2') foot intervals shall be shown.

5. The following information shall be required:

(a) The location of cleared lands and all finished grades and limits of clearing or grading.

(b) The specified areas to remain as open space and the location, size and proposed use of open spaces, parks, or other recreation areas.

(c) The number of building units and parking spaces provided for each specific area and the precise location of all parking spaces.

(d) The location, finished grade elevation and gross floor area of all existing and proposed buildings, structures or any other uses, including all setback dimensions and indications of structures or buildings to be demolished, removed or to remain.

6. Landscaping plan, including but not limited to the following: proposed landscape and buffer areas or screening devices to be provided, including any existing areas to remain for landscaping or screening purposes, planting details, and a schedule of the number and type of trees, shrubs and planting.

7. Building Plans. Typical architectural floor plans, sections and building elevations with dimensions, shall be furnished for proposed buildings or structures, including typical construction details, and outline specifications indicating proposed exterior materials, structural systems and finishes.

8. Site Improvements Plan. The following information, in addition to the requirements for the preliminary plan, shall be included on the final plan:

(a) The location and dimensions of all easements for water, sewerage and utility lines.

(b) The location, type and size of all existing and proposed water and sanitary sewerage facilities, with construction details and profiles, including fire hydrants and the size and location of all lines and manholes.

(c) Exterior lighting plan for site showing fixtures, location, height, type, direction of illumination and lumen power.

(d) The location, type and size of existing and proposed storm sewer facilities, including inlets, catch basins, culverts or any other drainage facility, with construction details.

(e) The street cartway curbs and right-of-way for all roads to be publicly dedicated, with construction details.

(f) The paved shoulder setback and cartway for nondedicated roads to be used by the public.

(g) Profiles of all roads and streets.

(h) Cross-sections of roads by type showing construction details and curb or stabilized shoulder improvements.

(i) Clear sight dimensions at all intersections.

(j) Finished grades for all roads at minimum two (2') foot intervals and low point and high points.

(k) Details and locations of traffic control signs.

(l) Horizontal curve radii dimensions on all curves. Vertical curve radii dimensions.

(m) The location and design of existing and proposed entrances and exits to public rights-of-way, including the possible utilization of traffic signals, channelizations, acceleration and deceleration lanes, additional pavement width or any other device necessary to accomplish traffic safety and/or convenience.

(n) The capacity of proposed parking areas, the location of all off-street parking stalls and off-street parking loading areas.

(o) The location, type and dimensions of all existing and proposed curbs, sidewalks, driveways, fences, retaining walls and parking areas.

9. Staging Plan. For any area that will be developed in stages, the Board may require the applicant to submit a total development plan in such detail as required by the Board. Developers of large uses may request, and the Board may approve, the construction of such uses in stages provided that the site plan is accompanied by a sectionalization and staging plan showing the following:

(a) The anticipated date for commencing construction of each section or stage. The staging of development of the site shall be such that if development of the site were discontinued after the completion of any stage, the developed portion of the site would comply in all respects to the requirements of this section and be provided with adequate drainage and utility systems.

(b) Those improvements that will be completed in each stage prior to application for Certificate of Occupancy. The plan should demonstrate that the staging of construction will minimize adverse effects upon occupied buildings in the site and adjoining properties.

(c) Written descriptions of the proposed operation in sufficient detail to indicate the effects of the use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards. The written description shall also include the hours of operation of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site and provisions to be made for site maintenance.

10. Signs. All existing and proposed signs showing size, location, type of construction, lettering, height and orientation, including identification signs, traffic signs, directional signs, free-standing and facade signs.

11. Other Required Information. Such other information as the Board and the Borough Engineer may request and determine necessary for proper consideration of the application, which may include:

(a) Typical wall, fencing and screening details.

(b) Design details of areas for refuse and garbage storage, including the location, design and construction details for all enclosures, including landscaping and screening.

(c) Approval by the Borough Engineer of conformance with the Master Drainage Plan and all drainage and floodplain requirements.

(d) Proof that no taxes or assessments for local taxes are due or delinquent on the tract.

(e) Quantity of improvements, subject to the performance and maintenance guarantees as necessary for cost estimate to be prepared by the Board Engineer.

(f) A soil erosion and sediment control plan.

(g) Required State and County permits, e.g. permits for off-site or off-tract public sewerage facilities, grading, soil erosion and sediment control, floodplain encroachment or stream encroachment.

12. Comparison to Preliminary Plan. A written report providing a comparison of each section of the plan, as submitted for final approval, with all aspects of the approved preliminary plan. (Ord. #513)

The following design standards and regulations apply to all applications for site plan approval:

a. Soil Erosion and Sedimentation. All developments shall protect streams, lakes and ponds from sedimentation and shall control erosion in accordance with "Standards for Soil Erosion and Sediment Control in New Jersey, " set forth in "The Soil Erosion and Sediment Control Act, Chapter 251, Laws of 1975" as amended and supplemented, or upon the adoption of a soil erosion and sediment control ordinance by the Municipality. All developments may be required to submit an erosion and sediment control plan and a sequence of installation or application of planned erosion and sediment control measures as related to the progress of the development, as part of the preliminary plat or site plan which shall be subject to approval by the Planning Board Engineer.

b. Storm Water Run-Off Restrictions. In all proposed subdivisions and institutional developments with an area of two and one-half (2 1/2) acres or more, and in all business, professional, commercial and industrial development comprising a site or tract area of one (1) acre or more, the maximum design for storm water run-off shall be one hundred fifteen (115%) percent generated by the site in its natural conditions, unless downstream facilities have been determined to be fully adequate. All run-off calculations shall be based on the Rational Formula or the New Jersey Department of Environmental Protection's Design Flood Runoff Index Curves. The design criteria for the use of these methods is available from the office of the Borough Engineer. In addition, any other method of calculating storm water runoff that is subsequently adopted for use by the Division of Water Resources of the New Jersey Department of Environmental Protection shall also be acceptable. (Ord. #513)

Improvements for residential developments shall be designed and constructed in accordance with the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.). All other development shall be designed and constructed in accordance with the requirements herein. Should improvements be required which are not provided for within the particular sections of this Chapter, they shall be designed and constructed in accordance with sound and accepted engineering practices and recognized design standards. The developer (or his engineer) shall submit detailed design calculations and construction specifications in each such instance. Prior to the completion of such specialized design the particular standards to be utilized shall be submitted for review by the Planning Board and Borough Engineer.

a. Type of Pavement. All parking areas, passageways and driveways shall be constructed with either bituminous concrete flexible pavement structure or a Portland cement concrete rigid pavement structure. Only one (1) type of pavement shall be utilized throughout any site. Semi-pervious surface materials may be utilized under special conditions, as approved by the Planning Board Engineer.

b. Pavement Structure Design. The pavement structure design for each particular site utilizing either a flexible or rigid pavement type shall be the responsibility of the developers (or his engineer). The pavement design shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils to be encountered in roadway areas in the site and shall follow current design recommendations of the Asphalt Institute, Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the Planning Board. As a minimum requirement rigid Portland cement paving shall be expansion joint type paving utilizing joints similar to Type A expansion joints, according to the Standard Construction Detail of the New Jersey Department of Transportation; shall be reinforced, constructed with Class B air entrained concrete and shall have a minimum thickness of six (6") inches. Flexible bituminous concrete pavements shall consist of at least four (4") inches of hot mix bituminous stabilized base course and a minimum wearing surface of not less than one and one-half (1 1/2") inches of pavement, Type FABC-1, (minimum total pavement thickness: five and one-half (5 1/2") inches) or other appropriate pavement composition determined as previously enumerated in this section, all in accordance with the applicable requirements of the Standard Specification.

c. Sidewalks and Curbing. Sidewalks with a minimum width of four (4') feet and a minimum thickness of four (4") inches shall be provided in all parking areas for five (5) or more vehicles, between parking areas and principal structures, along aisles and driveways, and wherever pedestrian traffic shall occur. Sidewalks must be raised and curbed six (6') inches above the parking area except where crossing streets or driveways, and wherever pedestrian traffic shall occur. Sidewalks and parking areas must be arranged to prevent cars from overhanging or extending over sidewalk areas. All sidewalk construction shall be in accordance with the applicable requirements of the Standard Specification. Sidewalk areas crossing driveways shall be six (6") inches reinforced with welded wire fabric (66-12) or equivalent approved by the Borough Engineer.

d. Topsoil Preservation. No topsoil shall be removed from the site or used as spoil. All topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide an even cover and shall be stabilized by seeding or planting. All regraded areas shall be covered with a four (4") inch minimum thickness.

e. Tree Removal. No tree of eight (8") inch caliper or more, located on a lot between the borders of the lots and building setback line, shall be removed except for the installation of a driveway aisle or parking area unless such approval is in accordance with a plan approved by the Planning Board.

f. Specifications. All planting, clearing, selective thinning, topsoiling, seeding and other landscaping work shall conform to the applicable requirements of the Standard Specifications. (Ord. #513; Ord. #O-08-07, S XII)

a. General Requirements. All storm drainage facilities for residential developments shall be designed and constructed in accordance with the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.). All other development shall be constructed in accordance with the applicable requirements of the Standard Specifications. The developer or his engineer shall submit complete calculations, specifications, plans and details for all proposed storm drainage facilities. Any field samples or laboratory tests required to document conclusions of such calculations shall be performed to the sole expense of the developer.

b. Storm Drain Pipe. All storm drain pipe shall be either slip joint type reinforced concrete or corrugated metal pipe meeting the requirements of the Standard Specifications and of all thickness sufficient to meet the proposed conditions of service; but in any event, no wall thickness less than Class 3, Wall B for concrete pipe or Number 14 gauge for corrugated metal pipe shall be allowed. No concrete pipe may be laid on grades exceeding eight (8%) percent. Concrete pipe below thirty-six (36") inches in size will be joined using a preformed bituminous mastic pressure type joint sealer or other equivalent approved joint. All corrugated metal pipe shall be fully bituminous coated with paved invert and of a gauge meeting the requirements of the Standard Specifications sufficient for the proposed service. All storm drains shall be tangent between inlets, manholes or other structures. Prior to laying any storm drains, the bottom of all trenches shall be inspected by the Borough Engineer. Should the engineer determine that the trench is unsuitable for the placement of the pipe, the developer shall take all the necessary action to remove or eliminate any unsuitable conditions. These may include, but are not limited to: excavation and backfill with suitable material, placement of bedding material, construction of pipe graters or other actions necessary to remove all unsuitable conditions.

c. Types of Inlets. All street inlets shall be New Jersey Department of Transportation Standard Type B. All yard inlets shall be Standard Type A or B. Casting heights on any streets shall be two (2") inches greater than the specified curb face and the gutter shall be properly transitioned approximately ten (10') feet on either side of the inlet.

d. Headwalls. All pipe terminations shall be provided with poured concrete headwall, precast concrete end sections or corrugated metal end sections in accordance with the approved engineering drawings submitted with the site plan. Poured concrete headwalls shall be wing type headwalls in accordance with the Standard Construction Details.

e. Inlets and Manholes. Inlets and manholes shall be constructed where required in accordance with the requirements of the Standard Specifications and Standard Construction Details.

f. Open Channels. Open channels shall be designed to contain the required flow and shall have a design velocity low enough to prevent erosion. The minimum easement for open channels shall be the maximum design top width of the channels plus twenty-five (25') feet rounded to the next highest five (5') foot increment. The excess easement area shall be provided offset to that side of the channel most convenient for use by maintenance crews. The minimum distance between the channel top edge and any easement line shall be five (5') feet. Excess velocity in open channels must be controlled by sod, riprap, paving, ditch checks or other suitable methods. Changes of direction in open channels must have a minimum radius of eight hundred (800') feet or be adequately paved or riprapped.

g. Guardrail and railing shall be placed at all drainage structures where the interest of pedestrian or vehicular traffic safety would dictate. The Planning Board may require that any open channel or other than natural occurring streams, be fenced with four (4') foot high chain link fencing if the banks of the channel are steeper than one (1") inch vertically for every three (3") inches horizontally in either (1) the total depth of the channel exceeds four (4") inches or (2) the channel would be expected to have a depth of flow greater than three (3") inches more than once every ten (10) years. For maintenance purposes, gates may be required by the Planning Board at approximately two hundred (200') foot intervals.

h. Retaining walls installed in slope control areas shall be constructed of heavy creosote timber or logs, or reinforced concrete, other reinforced masonry or of other acceptable construction and adequately designed to carry all earth pressures including any surcharges. The heights of retaining walls shall not exceed one-half (1/2) of the horizontal distance from the foundation wall of any building to the face of the retaining wall.

1. The developer shall take all necessary precautions to prevent any siltation of streams during the construction of the site. If required by the Planning Board as a condition of approval or by the Planning Board Engineer during construction, the developer shall provide adequate provisions to prevent all deposits of silt or other eroding material in any stream or water course. Such provisions may include, but not be limited to, construction and maintenance of siltation basis or hold ponds throughout the course of construction. (Ord. #513; Ord. #O-08-07, S XIII)

a. Design Storm Frequency for Closed Conduits. Ten (10) years, or if the above results in a conduit size at least equivalent to a sixty (60") inch reinforced concrete pipe - twenty-five (25) years.

b. Design Storm Frequency for Open Channels. Ten (10) years, or if the tributary area exceeds three hundred twenty (320) acres - twenty-five (25) years.

c. Run-off Calculations. Run-off determination should be made using the rational formula or, in unusual cases, other methods with the prior approval of the Planning Board. Upstream areas should be considered based on the full development potential according to current zoning or current use, whichever is most restrictive. Run-off coefficients used should generally fall in the following ranges classification: fully developed public parks, open space and land conservation range of coefficient 0.15-0.30; low density residential 0.30-0.45; minimum density residential 0.40-0.60; high density residential 0.55-0.70; commercial and industrial 0.60-0.90; pavements, roadways, shoulders 1.00.

d. Velocity Restrictions in General; Closed Conduit. Velocity in closed conduit at design flow should be at least two and five-tenths (2.5') feet per second but not more than the velocity which would cause erosion damage to the conduit.

e. Velocity Restrictions in General; Open Channel. Velocity in open channel at design flow shall be not less than one-half (1/2') foot per second (0.5 FPS) and not greater than the velocity which will begin to cause erosion or scouring of the channel. Sufficient soil testing to determine the character of the channel shall be made by the developer and shall be made available to the Planning Board at the time of drainage review.

f. Design Formula and Friction Factors. The Manning Formula will be used by the Borough Engineer to review the adequacy of proposed drainage facilities. Other formula may be used in particular cases with the previous agreement of the Planning Board. A friction factor ("n") of 0.012 will be used for non-porous concrete pipe; a factor of 0.024 will be used for fully coated corrugated metal pipe. Commensurate factors will be used for other pipe types or shapes. A friction factor ("n") not less than 0.012 will be used for fully lined concrete channels: a factor not less than 0.025 will be used for good earth channels and a factor of not less than 0.05 will be used for fair to poor natural streams and water courses. Commensurate factors will be used for other channel types.

g. All drainage facilities carrying run-off from tributary areas larger than one-half (1/2) the New Jersey Department of Environmental Protection, Division of Water Resources. Evidence of such approval shall be required to be submitted prior to the final approval of the site plan.

h. All non-pipe culverts under roadways shall be designed for AASHO H20-44 loading. All culverts of any type shall be carried to the roadway right-of-way and shall terminate with headwalls or other approved end treatment. All conduits terminating or beginning in open channels shall be provided with headwalls or other appropriate end treatment.

1. Responsibility for Design. Within the criteria established by and subject to the review and approval of the Planning Board, all designs of a site are the responsibility of the developer, and he shall be responsible for and bear the entire cost of any and all investigations, tests, reports, surveys, samples, calculations, designs, researches or any other necessary to the completion of the site design. The standard set in this ordinance shall be taken to be the minimum necessary to meet its purposes as set forth elsewhere herein. The responsibility of the Planning Board shall be to see that these minimum standards are followed and, in those cases not covered by these standards sufficient precautions are taken to assure that the eventual site design is conducive to the implementation of the purposes of this section. The Planning Board may employ professionals in various disciplines to advise and assist them in their determinations. Any decision of the Planning Board regarding the suitability of sufficiency of any design proposal, taken upon advice of their professional and subject to the provisions of this section shall be deemed conclusive.

j. Design Data. To properly execute the design of the site, it is anticipated that the developer will obtain or cause to be obtained certain design data including, but not limited to, soil test and analyses, traffic studies and traffic projections, surveys, reports and similar design data. Any and all data obtained by the developer, or by others retained by him to complete the design of the site, shall be made available to the Planning Board's professional consultants, for the purposes of reviewing the proposed site design. Should the Planning Board feel the design data submitted are not sufficient for the purposes of completing a full review of the site proposal, they may request the applicant provide such additional information as is deemed necessary. Until the applicant supplies such information, no submission under the provisions of this section shall be termed complete. Nothing contained herein shall be interpreted to prevent the Planning Board from making or causing to be made such independent studies, calculations or other undertakings as they deem necessary in view of any proposal.

k. Design Standards. When a developer determines that it will be necessary to utilize design standards in addition to those minimum requirements established herein, he is advised to consult the Planning Board, prior to his beginning the detailed sign, for review and approval of his proposed design standards. Standards utilized should be accepted national standards, commonly used in this area. All such design standards shall be approved by the Planning Board Engineer. (Ord. #513)

a. The Standard Specifications for road and bridge construction of the New Jersey Department of Transportation (Current Edition), including all addenda, and the Standard Construction Details of the New Jersey Department of Transportation (Latest Revision), as modified supplemented, amended, or superseded by the requirements of this ordinance, by particular agreement by the Planning Board, Borough Council or by other applicable municipal, County or State regulations, shall govern the completion of the required improvements. Such Standard Specifications and Standard Construction Details are hereby made a part of this section by reference. It will be the responsibility of all developers to familiarize themselves with these Standards, copies of which may be examined at the office of the Borough Clerk and Borough Engineer, and may be obtained, upon payment of the cost thereof, from the New Jersey Department of Transportation. The requirements of this section, or approved site plan or particular agreements and conditions of approval and of applicable municipal, County, or State regulations shall govern and prevail in the case of conflict with the Standard Specifications or Standard Construction Details.

b. Sewerage Disposal. The design and construction of approval of all public systems (or extensions of existing systems), either publicly or privately owned shall be under the jurisdiction of the North East Monmouth County Regional Sewerage Authority. Prior to the approval of any site plans, the full approval of any public sewerage disposal system must have been obtained from the North East Monmouth County Regional Sewerage Authority and where applicable, required State permits and filed with the Planning Board. (Ord. #513)

a. Improvements To Be Installed. The applicant shall install or guarantee the installation of the following improvements: grading, streets, gutters, curbs and sidewalks; trees, culverts, storm sewers; drainage structures; utilities (electric, telephone), water mains or other means of water supply, sanitary sewers or other means of sewage disposal and all appurtenances to such facilities properly connected with approved systems of water supply and sewerage, as the case may be, and adequate to handle all present and probable future development; fire hydrants; and monuments.

b. Responsibility for Cost of Improvements. The installation of all improvements throughout the site plan shall be under the supervision and inspection of the Borough Engineer and shall be at the expense of the applicant and in accordance with the approved preliminary plan as modified by the final plan or by other action of the Board and governing body as herein provided and in accordance with law.

c. Guide to Determining Required Improvements. In the determination of the improvements to be required, consideration shall be given to:

1. The characteristics of potential development of various parts of the Borough as reflected in the Master Plan and the Zoning Ordinance.

2. Providing safe, convenient and pleasant means for the movement of traffic appropriate to the streets of the various classes defined in this subsection.

3. Protecting the public health, safety, comfort, convenience and general welfare by provision for the proper distribution of water and for adequate sewage disposal and stormwater drainage in a manner appropriate to the existing and prospective types and intensity of development in various parts of the Borough. (Ord. #513)

All improvements shall be installed in complete accordance with Borough specifications, shall comply with all applicable municipal, County and State regulations, and where applicable to the proposed development, shall comply with the standards set forth in Ordinance 139 entitled "The Land Subdivision Ordinance of the Borough of West Long Branch, " which is incorporated by reference, or where applicable, shall comply with the recommendations of the Planning Board Engineer and Borough Engineer. (Ord. #513)

All required improvements, except septic tanks and other associated structures, shall be subject to the inspection and approval of the Borough Engineer or other agency having jurisdiction, who shall be notified in writing by the applicant at least forty-eight (48) hours prior to the start of construction. No underground installation shall be covered until it has been inspected and written approval by the Borough Engineer or other agency having jurisdiction delivered to the applicant. A copy of such approval shall be sent to the Borough Clerk. Approval of an installation does not constitute acceptance of the installation of public improvements shall be at the expense of the applicant and shall be paid by applicant pursuant to Subsection 18-13.25. Inspection costs shall be paid by the Borough upon vouchers duly submitted and approved. The Borough Clerk shall maintain a record of all inspection costs chargeable to the project and upon release of the performance guarantee and/or acceptance of the public improvements and release of the maintenance, the Borough Clerk shall return to the applicant any monies in excess of the total inspection costs up to the amount deposited. If the inspection costs exceed the amount deposited with the Borough Clerk, the applicant shall pay such additional amount as required to cover the total inspection costs. (Ord. #513)

No building permit for a new structure or for any addition to or alteration of an existing structure that is subject to site plan approval or is part of a major subdivision in accordance with the provisions of this subsection shall be issued by the Construction Official until the completion of all required site improvements, exclusive of buildings, has been certified to the Construction Official by the Board, and the applicant has secured all other permits required by law; provided, however, that the applicant may, in lieu of completing such improvements prior to the granting of such building permit, file with the Borough Clerk a performance guarantee sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof that involve all public roads, facilities and structures intended to become the property of the Borough of West Long Branch or intended to be maintained by same and in an amount to cover the cost of correcting drainage or erosion problems, including the silting of brooks or watercourses, that may occur if the applicant fails to complete the project. Such performance guarantee shall be in the form of cash, bond or other acceptable security as determined by the governing body. The amount of the performance guarantee shall be fixed by the Board and shall not exceed one hundred twenty (120%) percent of the cost of the improvements as estimated by the Borough Engineer. (Ord. #513)

a. Prior to the signing of a final plat, issuance of a Development Permit, and/or the commencing of any clearing, grading or installation of improvements, the developer shall have filed with the Borough a performance guarantee.

1. The guarantee shall be sufficient in amount to equal the total cost to the Borough as estimated by the Borough Engineer, of constructing those on-site, off-site and off-tract improvements necessary to protect adjacent property and the public interest in the event development of the subdivision or site were not completed. Such improvements shall include, but are not limited to grading; surveyor's monuments; drainage facilities necessary to protect off-tract areas from flooding; erosion and sedimentation control facilities; required landscaping, buffers, screening and fencing; all streets, curbs, gutters, culverts, storm sewers, sanitary sewers, water mains, sidewalks, street lighting, shade trees, and others as may be required. The applicant shall provide preliminary estimated types and quantities of improvements to be reviewed and verified by the Borough Engineer.

2. Such guarantee shall assure the installation of such improvements on or before an agreed date, guarantee the completion of all improvements without damage to or interference with adjacent properties or public facilities, and hold the Borough Council and the municipal agency and their employees and agents harmless with respect to any acts of the developer, its agents, successors, or assigns.

3. The total estimated cost to the Borough of constructing all improvements shall be based upon the estimated contract construction costs, which would prevail upon expiration of the guarantee period, and shall also include appropriate allowances for contract related costs such as engineering, legal, financial, and other usual costs, which shall be estimated to be twenty (20%) percent of the estimated contract construction costs. (Performance guarantee equals one hundred twenty (120%) percent of cost of improvement installation.)

4. Such performance guarantee may be in the form of cash, certified check, negotiable securities, a performance bond issued by a bonding company or surety company approved by the Borough Council and in form acceptable to the Borough Attorney, or any other type of surety acceptable to the Borough Council and in form acceptable to the Borough Attorney provided that at least ten (10%) percent of the performance guarantee shall be in the form of cash or certified check drawn on an insured banking institution in the State of New Jersey; provided, however, that all rights to said ten (10%) percent portion including the right to interest with dividends, be assigned to the Borough in a form of assignment acceptable to the Borough Attorney for a period of the bond and that the principal amount without interest be returned to the developer upon completion of the bonded improvements, or in the event of default, any interest and principal shall be used by and for the benefit of the Borough in the completion of said improvements. The surety company providing the performance guarantee shall be approved and listed on Circular 570 (as amended) from the U.S. Department of Treasury.

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

c. All performance guarantees shall run to and be in favor of the Borough of West Long Branch in the County of Monmouth.

d. The performance guarantee shall be approved by the Borough Attorney as to form, sufficiency and execution and shall be subject to the following conditions:

1. Such performance guarantee shall run for a period to be fixed by the Borough Council, but, in no case for a term longer than the period of final approval (normally two (2) years) set by N.J.S.A. 40:55D-1 et seq. or for the installation of all or any portion of the improvements, whichever is shorter.

2. The time allowed for installation of improvements for which the performance guarantee has been provided may be extended by resolution of the Borough Council provided that, if required, the period of final approval has been extended by the municipal agency in accordance with N.J.S.A. 40:55D-1 et seq. provided further that:

(a) Such extension shall not exceed one (1) year; and

(b) There shall not be more than three (3) such extensions; and

(c) As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed one hundred twenty (120%) percent of the cost of the installation of all uncompleted improvements as determined by the Borough Engineer as of the time of the passage of the resolution.

(d) As a condition or as part of any such extension, the amount of inspection fees may be increased to cover the additional cost to the Borough for the delay in completion of the improvements as determined by the Borough Engineer if the balance of the original inspection fee is deemed by the Borough Engineer to be insufficient. The developer shall pay the additional fee of five (5%) percent of the cost of remaining items to be inspected based on an estimate prepared by the Borough Engineer. Any of these additional inspection fees remaining after the approval of one hundred (100%) percent of the improvements shall be refunded to the developer.

3. If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Municipality for the reasonable cost of the improvements not completed or corrected and the Municipality may either prior to or after the receipt of the proceeds thereof complete such improvements.

e. If, during the period of the performance guarantee, the developer fails to prosecute the work of completing the improvements so as not to create hazards to life, health, property or public safety, the Borough may, after five (5) days' notice perform or cause to be performed, any necessary corrective work and deduct the cost thereof from the ten (10%) percent cash or certified check portion of the guarantee. Upon notice of any such deduction, the developer shall, within ten (10) days, restore the full ten (10%) percent cash balance or his performance guarantee will be held to be void and the Borough may take action as if final plat approval had not been obtained.

f. Upon completion and/or substantial completion of all required improvements as defined in paragraph a. above (except the final application of bituminous concrete [wearing surface], street shade trees, concrete monuments, and iron pins), and the connection of applicable improvements to the public system, the obligor may notify the Borough Council in writing, by certified mail addressed in care of improvements and shall send a copy thereof to the Borough Engineer. The developer's or obligor's design professional shall prepare and certify unto the Borough a detailed list of completed and/or substantially completed improvements having off-site, on-tract, and/or off-tract effect plus on-site improvements. The detailed list shall be consistent with Schedule "A" of the performance bond estimate originally prepared by the Borough Engineer for the referenced project. Thereupon the Borough Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Borough Council, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.

g. The Borough Council shall either approve, partially approve, or reject the improvements, on the basis of the report of the Borough Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto, not later than sixty-five (65) days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure provisions of the improvements not yet approved; provided that thirty (30%) percent of the amount of the performance guarantee posted may be retained to ensure completion of all improvements. Failure of the Borough Council to send or provide to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability pursuant to such performance guarantee for such improvements.

h. If any portion of the required improvements are rejected, the Borough Council may require the obligor to complete such improvements and, upon completion, the same procedure of notification, as set forth in this section shall be followed. Performance guarantee for the remaining improvements not yet approved (thirty (30%) percent minimum) shall be approved by the Borough Attorney as to form, sufficiency, and execution, and shall run for such additional period as it shall be deemed sufficient or until acceptance of public improvements by the Borough.

Should the Borough Council approve or partially approve the reduction request, the ten (10%) percent cash or certified portion of the performance guarantee provided by the obligor shall remain on deposit with the Borough until such time all improvements are complete and accepted by the Municipality. The performance guarantee for the remaining improvements not yet approved (thirty (30%) percent minimum) plus the ten (10%) percent cash or certified portion of the performance guarantee provided by the obligor shall be deemed adequate to cover that partial reduction granted for which the obligor is released from liability pursuant to the performance guarantee.

1. Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Borough Council or the Borough Engineer.

j. The obligor shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements provided that the Municipality may require of the developer, a deposit for all or a portion of the reasonably anticipated fees to be paid to the Borough Engineer for such inspection and, provided further, that such reasonably anticipated fees are hereby determined and set forth in this Chapter.

k. In the event that final approval is by stages or sections of development pursuant to the Municipal Land Use Law N.J.S.A. 40:55D-38, Subsection a., the provisions of this section shall be applied by such stage or section. (Ord. #513)