§ 16-422 IMPROVEMENTS REQUIRED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY.
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A. No permanent Certificate of Occupancy shall be issued for any use or building until all required improvements are installed and approved by the Township Engineer or other appropriate authority.
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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 Township Engineer or other appropriate, authority shall have, where applicable, certified to the following:
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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.
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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.
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3. Sidewalks. All sidewalks necessary to provide access to the lot, building or use in questions shall have been properly installed.
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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.
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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.
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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 Township Engineer.
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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 Township 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.
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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.
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9. On-Site Wells. All on-site wells have been installed, tested and approved by the Board of Health.
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10. On-Site Sanitary Disposal Systems. All on-site sanitary disposal systems shall have been installed and approved by the Board of Health.
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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.
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12. Lighting. All outdoor lighting shall have been installed and shall be operational.
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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.
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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."
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15. A foundation location and final "As Built" surveys shall have been submitted and approved. [Ord. No. 2006-2879 § 4]
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16. 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. [Ord. No. 2006-2879 § 4]
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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 Township in an amount equal to the cost, to the Township, 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 Township Engineer.
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§ 16-423 MAINTENANCE GUARANTEE.
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A.maintenance guarantee shall be furnished by the developer upon release of the performance guarantee, acceptance of public improvements by the Township Committee and/or approval of site improvements by the Township Engineer. The developer may elect to furnish such maintenance guarantees either by maintaining on deposit with the Township the ten (10%) percent cash or certified check portion of the performance guarantee provided in accordance with Section 16-415 of this Article or by a bond issued by a bonding company or surety company, or other type of surety acceptable to and approved by the Township Attorney and Township Committee in an amount equal to fifteen (15%) percent of the total cost of improvements provided in accordance with Section 16-415 of this Article. An irrevocable letter of credit shall be accepted by the Township under the provisions set forth under Section 16-415 of this Article. 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 applicant, developer, owner or user 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 Township 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 guarantee. At the end of the maintenance guarantee the cash or certified check on deposit will be returned to the subdivider less any sums, properly documented by the Township, which has been expended to repair or replace any unsatisfactory improvements. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a maintenance guarantee to another governmental agency, no maintenance guarantee shall be required by the Municipality for such utilities or improvements.
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