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

All streets shall be surfaced in accordance with applicable standards and specifications of the town. The construction shall be subject to inspection and approval by the engineer.

Street name signs shall be placed at all street intersections within or abutting the subdivision. Signs shall be of a type approved by the town and shall be placed in accordance with the standards of the Town of Newton.

Curbs shall be constructed and provided for in accordance with the standards and specifications of the town. The construction shall be subject to inspection and approval by the engineer.

Gutters shall be constructed in accordance with the standards and specifications of the town when the grade exceeds seven percent.

No top soil shall be removed from the site or used as spoil without the permission of the town council.

To be of the size and shape required by R.S. 46:23-9, et seq., and shall be placed in accordance with the statute.

All such installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future developments.

Shade trees to be located on the street line so as not to interfere with utilities and sidewalks and shall be of one of the following types: Norway Maple, London Plane, and other types acceptable to town specifications.

Sidewalks are to be installed by the developer in accordance with specifications of the town and subject to inspection and approval by the engineer.

In addition to the performance guarantees hereinabove provided for, the subdivider shall also post a maintenance bond or maintenance bonds, guaranteeing the maintenance of all of the improvements required to be installed pursuant to subsections 19-7.1, 19-7.3, 19-7.4, 19-7.7 and 19-7.8 for a period of two years after final acceptance of the improvements by the town, which bond or bonds shall be in the amount of 15 percent of the cost of the improvements or of their original installation.

All of the above listed improvements shall be subject to inspection and approval by the engineer who shall be notified by the developer at least 48 hours prior to the start of construction. No underground installation shall be covered until inspected and approved.

No final plat shall be approved by the planning board until the completion of all such required improvements have been certified to the planning board by the engineer, unless the subdivision owner has filed with the town a performance guarantee in an amount not to exceed 120 percent of the cost of all such improvements, or uncompleted portions thereof, as estimated by the engineer, and insuring the installation of such uncompleted improvements on or before an agreed date. The performance guarantee may be in the form of a performance bond, which shall be issued by a bonding or surety company approved by the council, a certified check returnable to the subdivider after full compliance, or any other type of security approved by the town attorney.

The performance guarantee shall be approved by the town attorney as to form, sufficiency and execution. The performance guarantee shall run for a period to be fixed by the council upon the recommendation of the planning board, but in no case for a term of more than three years. However, with the consent of the owner and the surety, if there be one, the council may by resolution extend the term of the performance guarantee for an additional period not to exceed three years, in accordance with and subject to the requirements of R.S. 40:55D-53 as amended. The amount of the performance guarantee may be reduced by the council as provided for by statute and the Land Use Procedures Chapter.

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

Pursuant to the provisions of R.S. 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:

a. 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 they were on-tract improvements in the manner provided hereafter and as otherwise provided by law.

b. Contributions By Developer Toward Required Off-Tract Improvements.

1. 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 benefitted by the improvements, such determination shall be made by the planning board in writing. Such 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 insure their successful and reasonable implementation. 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 chapter, this chapter and the town 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.

2. In the event that the planning board determines that one or more improvements constitute an off-tract improvement the planning board shall notify the town council, specifying the board's recommendation relative to the estimated cost of such improvements, the applicant's prorated share of the cost, and possible methods or means to implement the improvements, including but not limited to performance and maintenance guarantees, cash contributions, development agreements and other forms of surety.

3. The planning board shall not grant final approval on the subdivision until all aspects of such conditions have been mutually agreed to by both the applicant and the town council and a written resolution to that effect by the town council has been transmitted to the planning board.

c. Methods of Implementation.

1. Performance and Maintenance Guarantees. Where a performance or maintenance guarantee 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.

2. 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, such agreement shall be approved as to form, sufficiency and execution by the planning board attorney and town attorney. The agreement shall specify the amount of cash contributions, if any, the method of payment, the relative timing of such payment and the obligation or obligations to be undertaken by the town.

3. Cash Contributions, When Not Required. Cash contributions for off-tract improvements shall not be required under the following conditions:

(a) Where another county or state agency has jurisdiction over the subject improvement and requires a cash contribution, guarantee or other surety of the applicant in lieu of such conditions imposed by the town, or

(b) Where a benefit assessment or other similar tax levy is imposed upon the applicant for the off-site improvement provided, or

(c) Where the applicant, where legally permissible, can undertake the improvements in lieu of the town, subject to standards and other conditions as may be imposed by the town.

4. Cash Contributions, Method of Payment. Where a cash contribution is required by this chapter, the contribution shall be deposited with the town treasurer with a copy of the applicant's transmittal letter forwarded to the town council, the town engineer and planning board. Any and all monies 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 ten years, the funds may be retained by the town and may be used for general municipal purposes.

In such event, neither the applicant nor any of his heirs, executors, administrators, or grantees shall be liable to the town for any assessment for the purpose of installing any of the improvements for which the cash contribution was made.

d. 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:

1. 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, and the estimated peak hour traffic generated by the proposed development. The ratio thus calculated shall be increased by ten percent for contingencies.

2. 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 cost 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 and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by ten percent for contingencies.

3. 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 cost 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 and 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, and the estimated peak flow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by ten percent for contingencies and shall be the ratio used to determine the cost to the applicant.

4.. Storm water and drainage improvements, including installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation or replacement of other appurtenances associated therewith. The applicant's proportionate cost shall be in the ratio of the estimated peak surface run-off 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 deficiency for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by ten percent for contingencies. The applicant's engineer shall compute the drainage basin area and the 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.

5. 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 or lands which will be benefitted by the proposed improvements.