A. Prior to the granting of final approval, the subdivider shall have installed the following improvements:

(1) Streets. The base course of all new streets included in the subdivision or that portion on which final approval is being requested shall be installed in accordance with the current road specifications of the Borough of Hopatcong.

(2) Street signs. Street signs conforming to the standards of the Borough of Hopatcong shall be placed at each intersection.

(3) Sewers. Culverts and storm sewers and sanitary sewers shall be installed and properly connected with an approved system and shall be adequate to handle all present and probable future development.

(4) Water. The subdivider shall provide for an adequate supply of water to each lot within the subdivision. Provision shall be made by the subdivider for the installation of water mains, fire hydrants, valves and connections to each lot. Said water mains shall be connected to an established water supply system that will adequately serve anticipated needs or, in lieu thereof, the subdivider shall establish a new water supply system of sufficient capacity and adequate storage facilities to serve anticipated needs.

(5) Fire hydrants.

(6) Streetlighting.

(7) Curbs.

(8) Recreational facilities.

(9) Sidewalks.

B. All of the above-listed improvements shall be constructed and installed in accordance with the requirements, principles and design standards of Article VI and shall be subject to inspection and approval by the Borough Engineer. The Borough Engineer shall be notified 72 hours prior to the start of the various phases of the work and, if discontinued, shall again be notified when the work will be continued.

C. Required off-tract improvements. Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-42, construction of or contributions for off-tract water, sewer, drainage and street improvements may be required in accordance with the following criteria:

(1) Improvements to be constructed at the sole expense of the applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the Planning Board may require the applicant, as a condition of subdivision approval, at the applicant's sole expense, to provide for and construct such improvements as if such were on-tract improvements, in the manner provided hereafter and as otherwise provided by law.

(2) Contributions by developer toward required off-tract improvements.

(a) In cases where the need for any off-tract improvement is necessitated by the proposed development application and where the Planning Board determines that properties outside the development will also be benefited by the improvements, such determination shall be made by the Planning Board in writing. Said resolution or determination of the Planning Board shall specify the off-tract improvements which are necessary and the terms and conditions which shall be imposed upon the applicant to ensure the successful and reasonable implementation of same. In its deliberation as to whether off-tract improvements are required, the Planning Board shall be guided by the rules and regulations specified in the Zoning Ordinance of the Borough of Hopatcong, this chapter and the Borough Master Plan. The Planning Board may also be guided by counsel from the Planning Board Attorney, Engineer, any consultant and other qualified experts and municipal officials relative to the subject matter.

(b) In the event that the Planning Board determines that one or more improvements constitutes an off-tract improvement, the Planning Board shall notify the Common Council of same, specifying the Board's recommendation relative to the estimated cost of same, the applicant's prorated share of the cost and possible methods or means to implement same, including, but not limited to, performance and maintenance guaranties, cash contributions, development agreements and other forms of surety.

(c) The Planning Board shall not grant final approval on the subdivision until all aspects of such conditions have been mutually agreed upon by both the applicant and the Common Council of the Borough of Hopatcong and a written resolution to that effect by the Common Council has been transmitted to the Planning Board.

(3) Methods of implementation.

(a) Performance and maintenance guaranties. Where a performance or maintenance guaranty or other surety is required in connection with an off-tract improvement, the applicant shall be required to follow the same procedures and requirements as specified in this chapter for other improvements.

(b) Development agreement. Where a development agreement is required governing off-tract improvements or other conditions as may be required by this chapter or by the Planning Board, said agreement shall be approved as to form, sufficiency and execution by the Planning Board Attorney and Borough Attorney. Said agreement shall specify the amount of cash contributions, if any, the method of payment of same, the relative timing of such payment and the obligation or obligations to be undertaken by the Borough of Hopatcong.

(c) Cash contributions, when not required. Cash contributions for off-tract improvements shall not be required under the following conditions:

[1] Where another county or state agency has jurisdiction over the subject improvement and requires a cash contribution, guaranty or other surety of the applicant in lieu of such conditions imposed by the Borough of Hopatcong.

[2] Where a benefit assessment or other similar tax levy is imposed upon the applicant for the off-site improvement provided.

[3] Where the applicant, where legally permissible, can undertake the improvements in lieu of the Borough, subject to standards and other conditions as may be imposed by the Borough of Hopatcong.

(d) Cash contributions, method of payment. Where a cash contribution is required by this chapter, said contribution shall be deposited with the Treasurer of the Borough of Hopatcong with a copy of the applicant's transmittal letter forwarded to the Common Council, the Borough Engineer and the Planning Board. Any and all moneys received by the Treasurer shall be deposited in an escrow account for the purpose of undertaking the improvements specified. Where such improvements are not undertaken or initiated for a period of 10 years, the funds may be retained by the Borough of Hopatcong and may be used for general municipal purposes but, in such event, neither the applicant nor any of his heirs, executors, administrators or grantees shall be liable to the Borough of Hopatcong for any assessment for the purpose of installing any of the improvements for which said cash contribution was made.

(4) Pro rata formula for determining applicant's share of off-tract improvements. Where an off-tract improvement is required, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:

(a) Street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere and the construction of new streets and other similar street or traffic improvements; the applicant's proportionate share shall be in the ratio of the estimated peak-hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak-hour traffic capacity of the present facility plus the estimated peak-hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.

(b) Water distribution facilities, including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith; the applicant's proportionate share shall be in the ratio of the estimated daily use of water from the property or properties, in gallons, to the sum of the deficiency in gallons per day for the existing system or subsystem plus the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.

(c) Sanitary sewage distribution facilities, including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith; the applicant's proportionate share shall be in the ratio of the estimated daily flow, in gallons, to the sum of the present deficient capacity for the existing system or subsystem plus the estimated daily flow from the proposed project or development. In the case where the peak flow for the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development, in gallons per minutes, to the sum of the present peak flow deficiency in the existing system or subsystem plus the estimated peak flow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the applicant.

(d) Stormwater and drainage improvements, including installation, relocation or replacement of transmission lines, culverts and catch basins and the installation, relocation or replacement of other appurtenances associated therewith; the applicant's proportionate share shall be in the ratio of the estimated peak surface runoff as proposed to be delivered into the existing system, measured in cubic feet per second, to the sum of the existing peak flow, in cubic feet per second, deficient for the existing system plus the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by 10% for contingencies. The applicant's engineer shall compute the drainage-basin area and the area of the development and the percent of the total drainage-basin area occupied by the development. Where no drainage system exists which will receive the flow of surface water from the applicant's development, the applicant shall furnish all drainage rights-of-way deemed to be necessary by the Planning Board.

(e) General considerations. In calculating the proportionate or pro rata amount of the cost of any required off-tract facilities which shall be borne by the applicant, the Planning Board shall also determine the pro rata amount of cost to be borne by other owners of lands which will be benefited by the proposed improvements.

A. Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guaranties as described in § 209-20B, for the ultimate installation of the following:

(1) Streets. The wearing courses of all new streets in the subdivision or section for which final approval is sought, in accordance with the current Borough road specifications.

(2) Topsoil redistribution. Topsoil available at the site and moved during the course of construction shall be redistributed to all areas uncovered in the course of construction. Whenever sufficient topsoil is not available at the site, additional topsoil shall be obtained and redistributed in such a manner as to provide a cover of at least six inches of topsoil on the areas uncovered during the course of construction or excavation. No topsoil shall be removed from the site of the subdivision or used as spoil.

(3) Monuments.

(4) Shade trees.

(5) Sediment and erosion control and surface water management items as provided in the control plan, unless they are necessary to satisfy the items of § 209-19A.

B. No final plat shall be approved by the Planning Board until the completion of all required improvements has been certified to the Planning Board by the Borough Engineer; provided, however, that as to the improvements enumerated under § 209-20A, the subdivision owner may, in lieu of completing such improvements prior to the granting of final plat approval, file with the Borough a performance guaranty sufficient in amount to cover the cost of all such improvements or incomplete portions thereof, as estimated by the Borough Engineer, and assuring the installation of such incomplete improvements on or before an agreed date. Such performance guaranty may be a performance bond issued by a corporate surety licensed to do business in the State of New Jersey or a certified check drawn on a bank which is a member of the Federal Reserve System, payable to the Borough of Hopatcong, New Jersey. The performance guaranty shall be approved by the Borough Attorney as to form and execution. The Planning Board may require that up to 10% of the performance guaranty be in the form of cash. The amount of the performance guaranty shall be fixed by the Planning Board and shall not be in excess of 120% of the cost of the improvements as estimated by the Borough Engineer. The performance guaranty shall run for a period to be fixed by the Planning Board, but in no case for a term of more than two years. However, with the consent of the owner and the surety, if there is one, the governing body may by resolution, upon the recommendation of the Planning Board, extend the term of such performance guaranty for an additional period not to exceed two years. The amount of the performance guaranty may be reduced by the governing body by resolution, upon recommendation of the Borough Engineer, when portions of the required improvements have been installed in accordance with the performance guaranty; provided, however, that at no time shall the amount be reduced to less than an amount equal to 120% of the estimated cost to complete the work remaining to be done. The obligor and surety shall be liable thereon to the Borough for the reasonable cost of the improvements not installed and, upon receipt of the proceeds thereof, the Borough shall install such improvements. The Borough may also, by way of alternative, seek specific performance from the obligor and surety in a court of competent jurisdiction. In the event that the improvements are covered by a performance guaranty to another governmental agency, no performance guaranty shall be required by the Borough.

C. In lieu of the performance guaranty provided for in Subsection B above, the Borough reviewing board, in its sole and absolute discretion, may accept from an applicant an irrevocable bank letter of credit issued by a bank which is a member of the Federal Reserve System. Said letter shall be issued to the benefit of the Borough and shall allow the Borough to draw upon such credit in its sole and absolute discretion. The letter of credit shall be of a duration adequate for the length of the project. The amount of the letter of credit shall be as determined by the Borough Engineer. [Added 4-6-1989 by Ord. No. 17-89]

All required improvements affecting the public interest shall be offered for dedication to the Borough of Hopatcong by deed or such other appropriate instrument. The improvements shall not be deemed to have been accepted by the Borough, however, until formal action of acceptance is taken by ordinance or resolution of the governing body of the Borough of Hopatcong.

A. When all of the necessary and appropriate improvements have been completed, the obligor shall notify the Borough governing body in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Borough Engineer. The Borough governing body shall direct and authorize the Borough Engineer to inspect all of the aforesaid improvements. The Borough Engineer shall thereupon file a report in writing with the Borough governing body, which report shall be detailed and shall indicate either approval, partial approval or rejection. If said improvements or any portion thereof shall not be approved or shall be rejected by the Borough Engineer, said report shall contain a statement of reasons for such nonapproval or rejection. Where said report indicates partial approval of said improvements, it shall indicate the cost of the improvements for which approval is rejected or withheld.

B. The Borough governing body shall accept or reject the improvements or grant partial approval or withhold approval on the basis of such report and shall notify the obligor in writing, by certified or registered mail, of the contents of the said report and the action of said Borough governing body with relation thereto not later than 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 guaranty bond, except for that portion adequately sufficient to secure the improvements not yet approved.

C. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to its performance guaranty bond.

D. If any portion of said improvements shall not be approved or shall be rejected by the Borough governing body, the obligor shall cause the same to be completed and, upon completion, the same procedure of notification as outlined herein shall be followed.

E. Nothing herein, however, shall be construed in limitation of the obligor's right to contest or question, by legal proceedings or otherwise, any determination of the Borough governing body or of the Borough Engineer.

F. The obligor shall be responsible for all of the inspection fees of the Borough Engineer incurred in making the foregoing inspections.

G. Nothing herein shall affect the obligation of any person relating to the posting of appropriate maintenance bonds, when required.

A. No final plat shall be approved by the Planning Board until the subdivider shall have filed with the Borough a maintenance guaranty covering all improvements, said guaranty to be effective for a period not to exceed two years after final acceptance of the improvements. The guaranty shall be in an amount not to exceed 15% of the cost of the improvements or of the cost as estimated by the Borough Engineer for those improvements not installed at the time of final approval. In the event that other governmental agencies or public utilities will automatically own the utilities to be installed or the improvements are covered by a maintenance guaranty to another governmental agency, no maintenance guaranty shall be required by the Borough for such utilities or improvements. The guaranty shall be approved by the Borough Attorney as to form and execution.

B. The maintenance bond shall be expressly conditioned upon the maintenance by the subdivider of all such improvements for said period and particularly shall guaranty the remedy of any defects in such improvements which occur during the same period. The maintenance bond shall further guarantee the replacement of any shade trees found to be unhealthy within one year of planting.