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.

(c) Give the applicant a form of the surety company bond required by the Borough, and all figures, dates, and detail required by Subsection 18-13.27a, 1(b) above so the same may be included in the bond to be furnished to the Borough.

(d) Deliver to the Borough Attorney:

(1) The original copy of the surety company bond of the applicant; and

(2) The Borough Engineer's written certification addressed to the Borough Council which certificate and bond shall be delivered at one and the same time.

(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).

(f) If there is nothing the applicant needs to do under Subsection 18-13.27 herein, the certificate shall so state and give the reason therefor.

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 (1) 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. (Ord. #513)

a. General Requirements. Where the municipal agency determines that off-tract improvements are necessary for the property development and utilizing of the proposed site or subdivision and the surrounding area, it may require either: (1) that such off-tract improvements be installed; or (2) that the developer contribute to the installation of such off-tract improvements. Where the municipal agency has determined that off-tract improvements are required, it shall be a condition of the granting of final approval that such improvements be constructed or that the developer shall make payments toward the ultimate installation of off-tract improvements such as, but not limited to, streets, curbs and gutters, sidewalks, water mains, sanitary sewers, storm sewers and culvert, monuments and street lights, all in accordance with the specifications governing on-tract improvements.

b. Cost Allocation. If the municipal agency determines that the developer may contribute toward required off-tract improvements in lieu of such improvements being installed, the municipal agency shall allocate the cost of same off-tract improvements in accordance with the standards hereinafter set forth. The improvement of a stream and/or widening of, or the construction of drainage or other improvements in, a street or road fronting on the tract to be subdivided and/or developed shall not constitute an off-tract improvement and the cost of said improvement shall not be allocated.

1. The allocation of the cost of off-tract improvements shall be determined in accordance with the following:

(a) The municipal agency may consider the total cost of the off-tract improvements, the benefits conferred upon the site or subdivision, the needs created by the site or subdivision, population and land use projects for the general areas of the site or subdivision and other areas to be served by the off-tract improvements, the estimated times of construction of off-tract improvements and the condition of periods of usefulness, which periods may be based upon the criteria of The Local Bond Law N.J.S.A. 40A:2-22. The municipal agency may further consider the criteria set forth below.

(b) Road, curb, gutter, and sidewalk improvements may be based upon the anticipated increase of traffic generated by the site or subdivision. In determining such traffic increase, the municipal agency may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area, and other factors related to the need created by the site or subdivision and anticipated thereto.

(c) Drainage facilities may be based upon the percentage relationship between the site or subdivision acreage and the acreage of the total drainage basins involved or upon calculations developing the percentage contribution that the storm run-off from a particular site or subdivision bears to the total design capacity of any improvement; the particular methods to be selected in each instance by the Borough Engineer.

(d) Water supply and distribution facilities and sewerage facilities shall be based upon a proportion as determined by the current rules and regulations or procedures of the West Long Branch Borough Public Utilities Department.

2. All monies received by the Borough in accordance with the provisions of this section shall be paid to the Borough Treasurer who shall provide for a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purposes unless such improvements are not initiated for a period of five (5) years from the date of payment, after which time said funds shall be transferred to the capital improvement fund of the Municipality.

3. The apportionment of costs shall be determined by the municipal agency. The developer shall be afforded an opportunity before said Board to present evidence relative thereof.

c. Assessment Not Precluded. Nothing in this section of the Chapter shall preclude the Municipality from assessing any property benefiting from the installation of any off-tract improvements as provided in this section pursuant to the provisions of the Revised Statutes of New Jersey, an allowance being made to the respective parcels of realty for payments herein. (Ord. #513)

Before any developer effectively assigns any of his interest in any preliminary or final approval, he must notify the Administrative Officer and supply detailed information with regard to the name, address, principals, type of organization, competency, experience, and past performance of the assignee, transferee, or agent. Notice of such assignments or transfer shall be given no later than ten (10) days after its effective date. The assignee must be made acquainted with all the conditions of approval and the developer shall so certify. (Ord. #513)

a. No contractor, building or subcontractor shall engage any personnel in any of the work involving construction of improvements unless they are continuously supervised by a competent, English-speaking supervisor acceptable to the Borough Engineer.

b. No less than five (5) days prior to commencing construction of any improvements on the site, the developer or his agent shall provide the Borough Engineer with the names, addresses, phone numbers and emergency phone numbers of the subdivider and/or a representative empowered to act for the developer and/or each contractor and their supervisor in charge of the construction, setting forth the aspect of construction for which each is responsible.

c. The Borough Engineer shall supervise the implementation of the approved subdivision or site design and make periodic reports to the Borough as well as to the developer regarding conformance of the construction with the requirements of final approval. (Ord. #513)

a. Inspection, Testing and Engineering Administration Fees. Prior to signing of any final plat, issuance of a Development Permit or the start of construction of any improvements required by the provisions of this Chapter, the developer shall deposit by cash or certified check with the Borough Clerk an amount equal to, except for extraordinary circumstances, the greater of five hundred ($500.00) dollars or five (5%) percent of the required improvements. Said amount shall be used to defray the cost of inspection, testing, engineering, administration, and other costs, and fees paid by the Borough in connection with the inspection and acceptance of the installation of the required improvements. All monies received on account of engineering and inspection fees shall be deposited by the Borough Treasurer in an appropriate account. The Borough shall arrange for the Borough Engineer, the appropriate municipal officials or other qualified persons to provide all necessary administrative and engineering services. No portion of any fee shall be returned nor shall any additional fee be imposed if the actual cost of administrative and engineering services shall be less or greater than the monies received.

b. Inspection Notice. All required improvements except those utility improvements which are not the responsibility of the Borough shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the developer at least five (5) days prior to the initial start of construction and again twenty-four (24) hours prior to the resumption of work after any idle period exceeding one (1) working day. All of the utility improvements shall be subject to inspection and approval by the owner of or agency controlling the utility who shall be notified by the developer in accordance with the utilities' requirements. No underground installation shall be covered until it is inspected and approved by the owner of or agency controlling the utility or by the Borough Engineer in all other cases. With respect to landscaping, inspection and approval notification shall be given by the developer to the Shade Tree Inspector pursuant to this section.

c. Modification of Improvements. Any time, whether as a result of his inspection of work underway or otherwise, the Borough Engineer may recommend that the developer be required to modify the design and extent of the improvements required, notifying the municipal agency of his recommendations. The municipal agency shall, if it considers such modification to be major, or if requested by the developer or Borough Engineer, take formal action to approve or disapprove such recommendations; provided, however, that it must first afford the developer an opportunity to be heard. If the agency takes no formal action within thirty (30) days of such recommendations, or where the developer has not requested formal municipal agency action, its approval will be assumed. Similarly, the municipal agency may grant or deny the developer permission to effect such modification upon his application and the Borough Engineer's approval. In either event, where such modification is to be effected, the appropriate plat must be revised by the developer or his engineer to reflect such modification and sufficient copies thereof submitted to the Administrative Officer for distribution.

d. General Inspection Requirements. All improvements except as otherwise provided, shall be subject to inspection and approval by the Borough Engineer. No underground installation shall be covered until inspection and approved by the Borough Engineer or those agencies having jurisdiction over the particular installation. If such installation is covered prior to inspection, it shall be uncovered or other inspection means used, such as a television or other pipeline camera as may be deemed necessary by the Borough Engineer, and charges for such work will be paid for by the developer.

e. Inspection Not Acceptance. Inspection of any work by the Borough Engineer, or his authorized representative, shall not be considered to be final approval or rejection of the work, but shall only be considered to be a determination of whether or not the specific work involved was being done to Borough specifications or other required standards at the time of inspection. Any damage to such work or other unforeseen circumstances such as the effect of the weather, other construction, changing conditions, settlement, etc. between the time of installation and the time that the developer wishes to be released from his performance guarantee, shall be the full responsibility of the developer, and no work shall be considered accepted until release of the performance guarantee.

f. Payments to Contractors. No developer shall enter into any contract requiring the Borough Council, the engineer, or any of their agents, employees or other representatives to make any declaration, written or otherwise, as a condition of payment of said developer to a contractor as to the acceptance or rejection of the work. Neither the Borough Council, Borough Engineer, nor any of their agents, employees, or representatives shall make any such declaration.

g. Procedure on Acceptance of Public Improvements. When the developer has constructed and installed the streets, drainage facilities, curbs, sidewalks, street signs, monuments and other improvements in accordance with Borough regulations, standards and specifications, and desires the Borough to accept the said improvements, he shall, in writing, addressed to and in a form approved by the Borough Council, with copies thereof to the Borough Engineer, request the Borough Engineer to make a semi-final inspection of the said improvements. If the improvements have been construed under a performance guarantee after approval of a final plat, the developer shall submit an as-built plan showing as-built grades, profiles and sections and locations of all subsurface utilities such as french drains, combination drains, sanitary sewerage disposal systems, both public and individual water lines, and control lines, telephone conduits, monuments, iron property markers, and any other utility or improvements installed other than as shown on the approved final plat. Said as-built plan shall be certified to by a licensed New Jersey professional engineer. If any improvements are constructed prior to final plat approval, the final plat shall reflect all changes and as-built conditions and be so certified. Said as-built plan(s) shall be submitted on reproducible media. (Ord. #513; Ord. #O-08-21)

a. It shall be the responsibility of the developer to maintain the entire site or subdivision in a safe and orderly condition during construction. Necessary steps shall be taken by the developer to protect occupants of the site or subdivision and the general public from hazardous and unsightly conditions during the entire construction period. These steps shall include, but are not limited to the following:

1. Open excavation shall be enclosed by fencing or barricades during nonconstruction hours. Movable barricades shall be equipped with yellow flashing hazard markers or other lighting during the hours of darkness.

2. The excavation of previously installed sidewalk and pavement areas which provide access to occupied buildings in the site or subdivision shall be clearly marked with signs and barricades. Alternative safe access shall be provided for pedestrians and vehicles to the occupied buildings.

3. Materials stored on the site shall be screened from the view of occupants of the subdivision or site and adjoining street and properties.

4. Construction equipment, materials and trucks shall not be stored within one hundred fifty (150') feet of occupied buildings in the site or subdivision and adjoining streets and properties during nonconstruction hours.

5. Safe vehicular and pedestrian access to occupied buildings in the site of subdivision shall be provided at all times.

6. Construction activities which create obnoxious and unnecessary dust, fumes, odors, smoke, vibrations, or glare noticeable in occupied buildings in the subdivisions or site and adjoining properties and streets shall not be permitted.

7. Construction activities which will result in damage to trees and landscaping in occupied buildings in the site or subdivision or adjoining properties shall not be permitted.

8. All locations and activities in the site or subdivision which present potential hazards shall be marked with signs indicating the potential hazard.

9. Unsightly construction debris, including scrap materials, cartons, boxes and wrappings must be removed daily at the end of each working day.

10. Whenever construction activities take place within or adjacent to any traveled way, or, interfere with existing traffic patterns in any manner, suitable warning signs, conforming to the requirements of the Uniform Manual of Traffic Control Devices, will be erected and maintained by the developer.

b. Should the developer fail in his obligation to maintain the site or subdivision in a safe and orderly condition, the borough may, on five (5) days' written notice or immediately in the case of hazard to life, health or property, undertake whatever work may be necessary to return the site or subdivision to a safe and orderly condition and deduct the cost thereof from the ten (10%) percent cash or certified check portion of the performance guarantee. Upon notice of 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.

c. The Construction Official shall, upon receiving notice from the Borough Engineer that a developer is in violation of this section, suspend further issuance of Certificates of Occupancy and building permits and may order cessation of work on any outstanding permits. (Ord. #513)

a. No permanent Certificate of Occupancy shall be issued for any use or building until all required improvements are installed and approved by the Borough Engineer or other appropriate authority.

b. No temporary Certificate of Occupancy shall be issued for any use or building involving the installation of utilities or street improvements, parking areas, buffer areas, storm drainage facilities, other site improvements, the alteration of the existing grade on a lot or the utilization of a new on-site well or sanitary disposal system unless the Borough Engineer or other appropriate authority shall have, where applicable, certified to the following:

1. Utilities and Drainage. All utilities, including, but not limited to, water, gas, storm drains, sanitary sewers, electric lines and telephone lines shall have been properly installed and service to the lot, building or use from such utilities shall be available.

2. Street Rights-of-Way. All street rights-of-way necessary to provide access to the lot, building or use in question shall have been completely graded and all slope retaining devices or slope planting shall have been installed.

3. Sidewalks. All sidewalks necessary to provide access to the lot, building or use in question shall have been properly installed.

4. Streets. Curbing, and the bituminous base course of bituminous concrete streets or the curbing and pavement course for portland cement concrete streets necessary to provide access to the proposed lot, building or use shall have been properly installed.

5. Curbing and Parking Areas. Curbing and the bituminous base course of parking areas necessary to provide access to the required number of parking spaces for the building or use in question shall have been properly installed.

6. Obstructions. All exposed obstructions in parking areas, access drives or streets such as manhole frames, water boxes, gas boxes and the like shall be protected by building to the top of such exposures with bituminous concrete as directed by the Borough Engineer.

7. Screening, Fences, and Landscaping. All required screening, fencing and/or landscaping related to the lot, building or use in question shall have been properly installed unless the Borough Engineer shall direct the developer to delay the planting of screening and landscaping until the next planting season in order to improve the chances of survival of such plantings.

8. Site Grading. All site grading necessary to permit proper surface drainage and prevent erosion of soils shall have been completed in accordance with the approved soil disturbance plans.

9. On-Site Wells. All on-site wells shall have been installed, tested and approved by the Board of Health.

10. On-Site Sanitary Disposal Systems. All on-site sanitary disposal systems shall have been installed and approved by the Board of Health.

11. Public Water Supply. Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested and all required fire hydrants or fire connections shall have been installed and tested and approved.

12. Lighting. All outdoor lighting shall have been installed and shall be operational.

13. Street Signs and Traffic Control Devices. All street signs, paint lining and/or traffic control devices affecting the proposed lot, building, or use, and required under the terms of approval of a subdivision or site plan or by Federal, State, County, or municipal rules, regulations, or laws, shall have been installed.

14. Performance Guarantee. The Engineer shall have received a statement signed by the developer and any entity providing any performance guarantee, which contains language identical or similar to the following: "The issuance of any Certificate of Occupancy (temporary or permanent) shall not be a basis for any claimed reduction in any performance guarantee."

15. Other. Any other conditions established for issuance of a Certificate of Occupancy by the municipal agency as a condition of final site plan approval shall be complied with.

c. Temporary Certificates of Occupancy shall be issued for a specified period of time, not to exceed one (1) year and the applicant shall post a cash guarantee with the Borough in an amount equal to the cost, to the Borough, of constructing all uncompleted improvements, prior to the issuance of any such temporary Certificate of Occupancy. All improvements shall be completed within three (3) months after eighty-five (85%) percent occupancy of the project as determined by the Borough Engineer. (Ord. #513)

A maintenance guarantee shall be furnished by the developer upon release of the performance guarantee, acceptance of public improvements by the Borough Council and/or approval of site improvements by the Borough Engineer. The developer shall furnish such maintenance guarantee by a bond issued by a bonding company or surety company, or other type of surety acceptable to and approved by the Borough Attorney and Borough Council in an amount equal to fifty (50%) percent of the total performance guarantee provided in accordance with Subsection 18-13.26 of this Chapter. The maintenance guarantee shall begin with the release of the performance guarantee and shall run for a period of two (2) years. The maintenance guarantee shall be to the effect that the guarantor guarantees the complete maintenance of all improvements for a period of two (2) years from the release of his performance guarantee. Should he fail in his obligation to properly maintain all improvements, the Borough may, on ten (10) days' written notice or immediately, in the case of hazard to life, health or property, proceed with necessary repair or replacement of any unacceptable improvements and charge the cost thereof against the guarantor. At the end of the two (2) year period the maintenance guarantee will be returned to the guarantor less any sums, properly documented by the Borough which has been expended to repair or replace any unsatisfactory improvements. (Ord. #513)