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 excavations shall be enclosed by fencing or barricades during non-construction hours. Moveable 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.

Alternate 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 streets 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 non construction hours.

5. Safe vehicular and pedestrian access to occupied buildings in the site or 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 subdivision 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 on 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 percent (10%) cash or certified check portion of the performance guaranty. Upon notice of such deduction, the developer shall, within ten (10) days, restore the full ten percent (10%) cash balance or his performance guaranty 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.

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 slopes 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. Street: Curbing and the bituminous base course of bituminous concrete streets or the curbing and pavement course for portland cement concrete street 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, upon the advice of the Environmental Commission, 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 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 device 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 . Other: Any other conditions established for issuance of a Certificate of Occupancy by the Planning Board 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.

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 may elect to furnish such maintenance guarantee either by (1) maintaining on deposit with the Borough the ten percent (10%) cash or certified check portion of the performance guarantee provided in accordance with Section 7.1 of this Article or (2) 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 fifteen percent (15%) of the total cost of improvements in accordance with Section 7.1 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 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 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 Borough, which have been expended to repair or replace any unsatisfactory improvements.