When reviewing a site plan, the reviewing board shall determine if off-tract public utilities and facilities are capable of serving the proposed development. If these public utilities and facilities are inadequate, the reviewing board shall document the inadequacies and either deny the application and advise the applicant and the City Council of the off-tract improvements that are required for the approval or provide an approval conditioned upon the correction of the inadequacies. The applicant shall meet with the City Council of the City of Hackensack or other responsible agency to make adequate provision for these off-tract improvements, and, upon the resolution of this issue, within eighteen (18) months of the original denial, the reviewing board may grant approval without a resubmission of the site plan documents.

A. Prior to the issuance of a certificate of occupancy, the applicant's engineer shall certify that all improvements as shown on the approved site plan have been completed in accordance with the approved site plan or accepted construction practices. When, by reason of adverse weather conditions, completion of certain improvements would cause an undue delay, the reviewing board may allow the issuance of a temporary certificate of occupancy after the posting by the developer of a performance guaranty sufficient in amount to cover the cost of all such uncompleted improvements as estimated by the City Engineer, assuring the installation of such uncompleted improvements within six (6) months of the posting of the performance guaranty. The amount of the performance guaranty shall be fixed by the reviewing board and shall not be in excess of one hundred twenty percent (120%) of the cost of uncompleted improvements as estimated by the City Engineer. The performance guaranty shall be in a form acceptable to the City Attorney.

B. The Construction Official of the City may issue temporary certificates of occupancy when site plan improvements required for the health and safety of the occupants are completed and the remainder of the improvements can be completed within sixty (60) days or the performance guaranties have been posted.

Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a building permit or certificate of occupancy, as the case may be, shall be construed to be a violation of this Article and shall be grounds for the revocation of any building permit or certificate of occupancy, as the case may be. If the Construction Official finds that any conditions of site plan approval have not been met he shall give the applicant ten (10) days written notice to comply with said conditions. and failure to comply within this ten-day period shall result in the revocation of the building permit or certificate of occupancy, as the case may be. Such violations may additionally or singly also be prosecuted by law.