Inspection of any work by the Planning Board Engineer, or his authorized representative, shall not be considered to be final approval or rejection of the work, but shall only be considered to be a determination of whether or not the specific work involved was being done to City specifications or other required standards at the time of inspection. Any damage to such work or other unforeseen circumstances such as the effect of the weather, other construction, changing conditions, settlement, etc. between the time of installation and the time that the developer wishes to be released from his performance guaranty, shall be the full responsibility of the developer, and no work shall be considered accepted until release of the performance guaranty.

No developer shall enter into any contract requiring the City Council, Planning Board, the City Engineer, Planning Board Engineer, or any of their agents, employees or other representatives to make any declaration, written or otherwise, as a condition of payment of said developer to a contractor as to the acceptance or rejection of the work. Neither the City Council, Planning Board, City Engineer, Planning Board Engineer nor any of their agents, employees, or representatives shall make any such declaration.

When the developer has constructed and installed the streets, drainage facilities, curbs, sidewalks, street signs, monuments and other improvements in accordance with City regulations, standards and specifications, and desires the City to accept the said improvements, he shall, in writing, addressed to and in a form approved by the Planning Board, with copies thereof to the Planning Board Engineer, request the Planning Board Engineer to make a semi-final inspection of the said improvements. If the improvements have been constructed under a performance guaranty after approval of a final plat, the developer shall submit an as-built plan showing as-built grades, profiles and sections and locations of all subsurface utilities such as french drains, combination drains, sanitary sewage disposal systems, both public and individual water lines, and control valves, gas lines, telephone conduits, monuments, iron property markers, and any other utility or improvements installed other than as shown on the approved final plat. Said as-built plan shall be certified to by a licensed New Jersey professional engineer. If any improvements are constructed prior to final plat approval, the final plat shall reflect all changes and as-built conditions and be so certified. Said as-built plan shall be certified to by a licensed New Jersey professional engineer. If any improvements are constructed prior to final plat approval, the final plat shall reflect all changes and as-built conditions and be so certified. Said as-built plan(s) shall be submitted on reproducible media.

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:

a. Open excavations shall be enclosed by fencing or barricades during nonconstruction hours. Moveable barricades shall be equipped with yellow flashing hazard markers or other lighting during the hours of darkness.

b. 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.

c. Materials stored on the site shall be screened from the view of occupants of the subdivision or site and adjoining street and properties.

d. Safe vehicular and pedestrian access to occupied buildings in the site or subdivision shall be provided at all times.

e. 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.

f. 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.

g. All locations and activities in the site or subdivision which present potential hazards shall be marked with signs indicating the potential hazard.

h. Unsightly construction debris, including scrap materials, cartons, boxes and wrappings must be removed daily at the end of each working day.

i. 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.

Should the developer fail in his obligation to maintain the site or subdivision in a safe and orderly condition, the City 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 City may take action as if final plat approval had not been obtained.

The Construction Official shall, upon receiving notice from the Planning Board 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 permit.

No permanent Certificate of Occupancy shall be issued for any use or building until all required on- and off-site improvements are installed and approved by the Planning Board and/or City Engineer and the Construction Code Official. (Ord. #94-16, Appx. A)

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 Planning Board Engineer or other appropriate authority shall have, where applicable, certified to the following:

a. 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.

b. 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.

c. Sidewalks. All sidewalks necessary to provide access to the lot, building or use in question shall have been properly installed.

d. 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.

e. 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.

f. 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 City Engineer.

g. 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 City 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.

h. Site Grading. All site grading necessary to permit proper surface drainage and prevent erosion of soils shall have been completed in accordance with the soil disturbance plans approved by the Cape Atlantic Soil Conservation District.

i. 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.

j. Lighting. All outdoor lighting shall have been installed and shall be operational or payment made to the Atlantic City Electric for the installation of said lighting.

k. 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.

l. Performance Guarantee. The Code Enforcement Official 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."

m. 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. (Ord. #94-16, Appx. A)

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 City in an amount equal to the cost, to the City, 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 City Council and/or approval of site improvements by the Planning Board Engineer. The developer may elect to furnish such maintenance guarantee either by; (1) maintaining on deposit with the City the ten percent (10%) cash or certified check portion of the performance guarantee provided in accordance with Section 25-1600.1, or (2) by a bond issued by a bonding company or surety company, or other type of surety acceptable to and approved by the Planning Board Attorney and Planning Board in an amount equal to fifteen percent (15%) of the total performance guarantee provided in accordance with Section 25-1600.1. 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 City 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 or deposit will be returned to the developer less any sums, properly documented by the City which has been expended to repair or replace any unsatisfactory improvements. (Ord. #94-16, Appx. A)