A.
Routine inspections.
(1)
All improvements and utilities shall be inspected
by the Township Engineer's office to ensure satisfactory completion.
(2)
In no case shall any construction be done without
permission from the Township Engineer's office. At least three working
days' notice shall be given to the Township Engineer's office prior
to any such construction so that a representative of the Township
may be present at the time the work is to be done.
(3)
Prior to the commencement of construction and in February
of each succeeding year, the subdivider shall submit a schedule of
his operations for the succeeding year to the Township Engineer.
B.
Final inspection. A final inspection of all improvements
and utilities will be made to determine whether the work is satisfactory
and in substantial agreement with the approved drawings and the Township
specifications. The general condition of the site shall also be considered.
Upon a satisfactory final inspection report, action will be taken
to release the performance guaranty covering such improvements and
utilities.
A.
As a condition for final plat approval, the Board
shall require and accept, in accordance with the standards of this
chapter, for the purpose of assuring the installation and maintenance
of improvements:
(1)
A performance guaranty in favor of the Municipality
in an amount not to exceed 120%, 10% of which shall be in cash, of
the cost of installation for improvements if deemed necessary or appropriate,
including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting,
shade trees, surveyor's monuments, water mains, culverts, storm sewers,
sanitary sewers or other means of sewage disposal, drainage structures,
erosion control and sedimentation control devices and public improvements
of open space.
(2)
A maintenance guaranty to be posted with the governing
body for a period not to exceed two years after final acceptance of
the improvement, in an amount not to exceed 15% of the total cost
of improvement. 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 performance or maintenance guaranty
to another governmental agency, no performance or maintenance guaranty,
as the case may be, shall be required by the Municipality for such
utilities or improvements.
B.
The form of the guaranty shall be as approved by the
Township Attorney, and the amount of the guaranty shall be as determined
by the Township Engineer.
C.
The applicant shall assume all liability during construction
of such improvements and until such time as the improvements are accepted
by the Township of Oxford.
D.
Upon substantial completion of all required appurtenant
utility improvements and the connection of the same to the public
system, the obligor may notify the governing body, in writing, by
certified mail addressed in care of the Municipal Clerk, of the completion
or substantial completion of improvements and shall send a copy thereof
to the Municipal Engineer. Thereupon, the Municipal Engineer shall
inspect all improvements of which such notice has been given and shall
file a detailed report, in writing, with the governing body indicating
either approval, partial approval or rejection of such improvements,
with a statement of reasons for any rejection. The cost of the improvements
as approved or rejected shall be set forth.
[Amended 10-21-1993 by Ord. No. 93-11]
E.
The governing body shall either approve, partially
approve or reject the improvements on the basis of the report of the
Municipal Engineer and shall notify the obligor, in writing, by certified
mail, of the contents of said report and the action of said approving
authority with relation thereto, not later than 65 days after receipt
of the notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to its performance guaranty, except for that
portion adequately sufficient to secure provision of the improvements
not yet approved, provided that 30% of the amount of the performance
guaranty posted may be retained to ensure completion of all improvements.
Failure of the governing body to send or provide such notification
to the obligor within 65 days shall be deemed to constitute approval
of the improvements, and the obligor and surety, if any, shall be
released from all liability pursuant to such performance guaranty
for such improvements.
[Amended 10-21-1993 by Ord. No. 93-11]
Failure to comply with any of the conditions of approval granted as provided in this chapter 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 chapter and shall be grounds for the revocation of any building permit or certificate of occupancy, as the case may be. If the Township Engineer finds that any conditions of approval have not been met, he shall give the applicant 10 days' written notice to comply with said conditions, and failure to comply within this ten-day period shall result in revocation of the building permit or certificate of occupancy, as the case may be. Such violations may additionally or singly also be prosecuted under § 298-17.[1]
[Amended 10-21-1993 by Ord. No. 93-11[1]]
If, before final subdivision approval has been
granted, any person, as owner or agent, transfers or sells or agrees
to transfer or sell any land which forms a part of a subdivision for
which municipal approval is required in accordance with the provisions
of this chapter, except pursuant to an agreement expressly conditioned
on final subdivision approval, such person shall be subject to the
requirements of N.J.S.A. 40:55D-55.
