A. Upon substantial completion of all required appurtenant utility improvements and the connection of same to the public system, the obligor may notify the Town Council, in writing, by certified mail addressed in care of the Town Clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the Board Engineer. Thereupon, the Board Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Town Council, 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.
B. The Town Council shall either approve, partially approve or reject the improvements on the basis of the report of the Board Engineer, and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said Town Council 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 the 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 Town Council 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.
C. If any portion of the required improvements is rejected, the Town Council may require the obligor to complete such improvements and, upon completion, the same procedure of notification as set forth in this section shall be followed.
D. Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Town Council or the Board Engineer.
E. The obligor shall reimburse the town for all reasonable inspection fees paid to the Board Engineer for the foregoing inspection of improvements, provided that the town may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Board Engineer for such inspection.
F. In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall be applied by stage or section.
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