(a) Completion of Improvements; Approval and Certification. Upon satisfactory completion of the improvements and the approval and certification in writing of the Director of Public Service that the improvements have been properly installed, along with the presentation of letters of certification of payment in full of all contractors, subcontractors, suppliers of materials, consulting engineers, surveyors and all related inspection fees or other similar fees incurred by the subdivider, the performance bond provided for in Section 1224.06(c)(5) may be released. Authorization of the release shall be obtained in writing from the Clerk of Council.
(b) Partial Completion of Improvements. Upon satisfactory completion of specific individual improvements which comprise a part of the total improvements to be constructed in the subdivision, and the approval and certification in writing of the Director that such improvements have been properly installed, along with the presentation of related letters of certification of payment, in full, of the involved contractors, subcontractors, suppliers of materials, consulting engineers, surveyors and all related inspection fees or other similar fees incurred by the subdivider, a reduction in the performance bond may be authorized. However, such reduction shall not reduce the balance of the bond below the re-estimated construction costs necessary to complete the remaining required improvements. Authorization of the reduction shall be obtained in writing from the Clerk.
(c) Progressive Installation. The subdivider may apply for approval and acceptance by the Municipality and the recording of a completed portion of a subdivision. Under a progressive unit development procedure, a sale or lease of lots within the completed portion of the subdivision may proceed only on that portion which has been approved, accepted by the Municipality and recorded in the office of the County Recorder.
(d) Failure to Satisfactorily Complete Required Improvements. The subdivider shall be in default of his or her subdivision agreement with the Municipality when one of the following conditions exists:
(1) The subdivider has failed to satisfactorily complete the installation of the required improvements as specified in the final plat and these Subdivision Regulations, in accordance with the terms and conditions of the subdivider's agreement with the Municipality and has failed to establish with the Planning Board reasonable cause for such failure and thereby qualify for and receive an extension of the subdivider's agreement.
(2) The subdivider has failed to construct and/or install the required improvements in accordance with the minimum standards specified in these Subdivision Regulations and is unwilling to modify, upgrade and reconstruct such improvements to conform with the requirements within six months.
(3) The improvements constructed and installed in the subdivision have not held up, have deteriorated or are not functioning properly during the year immediately following their acceptance by the Municipality due to the manner in which they were constructed and installed, or the required improvements are not in accordance with the “as-built” plans submitted to the Municipality by the subdivider, and the subdivider has failed to correct the deficiencies upon the request and instruction of the Municipality.
(Ord. 83-32. Passed 8-15-83.)