If at any time of preliminary approval but prior to the commencement of final approval, the developer elects to proceed with the installation of improvements required under this chapter the developer shall furnish the Borough with the final construction drawings and details.

The Municipal Agency having jurisdiction over the subdivision (Planning Board or Board of Adjustment) in consultation with the Borough Engineer shall review the final construction plans to determine that the clearing, grading and/or installation of improvements will not hinder future developments or create physical or aesthetic problems in the event that further development of the site is not undertaken.

The required construction, inspection, engineering, and administration fees have been paid, and adequate performance guarantees have been posted to provide for the cost to the Borough of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or further development of the site is not undertaken.

Such performance guarantees shall include, but are not limited to, the cost of the Borough providing drainage facilities necessary to protect off-tract areas from flooding, screening, or fencing that may be required and all improvements to be undertaken which are within existing public rights-of-way or easements.

In addition to the performance guarantee, a developer shall furnish to the Borough a separate guarantee, referred to as a "safety and stabilization bond," in favor of the Borough, for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition

Prior to any disturbance of the site or commencement of any construction, the developer shall enter into an agreement with the Governing Body. This agreement shall be of a form that is acceptable to the Municipal Attorney and one in which the developer agrees to abide by the terms and conditions of approval, construct the required improvements in accordance with the approved plans, agrees to maintain the site and the constructed improvements. The developer also shall agree that in the event that the site and improvements are not maintained, the Borough can utilize the cash portions of the performance guarantee to immediately attend to items presenting a safety hazard.

No development permit shall be issued nor any work commenced on site until compliance with this section and notice of intention to commence construction of such improvements shall be furnished to the Borough Engineer,

At least two weeks prior to the start of any construction the developer shall notify the Borough Engineer of his intention to start work so that a preconstruction meting can be arranged between the developer and the Borough Engineer.

The Borough Engineer must be notified at least 48 hours in advance of any on-site development.