Inspection, testing, and administration fees.

Inspection notice. All required improvements, except those utility improvements which are not the responsibility of the Township, shall be subject to inspection and approval by the Township Engineer, who shall be notified by the developer at least five days prior to the initial start of construction and again 24 hours prior to the resumption of work after any idle period exceeding one working day. All of the utility improvements shall be subject to inspection and approval by the owner of or agency controlling the utility, who shall be notified by the developer in accordance with the utilities requirements. No underground installation shall be covered until it is inspected and approved by the owner of or agency controlling the utility or by the Township Engineer in all other cases.

Modification of improvements. At any time, whether as a result of his inspection of work underway or otherwise, the Township Engineer may recommend that the developer be required to modify the design and extent of the improvements required, notifying the Planning Board of his recommendations. The Planning Board shall, if it considers such modifications to be major, or if requested by the developer or Township Engineer, take formal action to approve or disapprove such recommendations; provided, however, that it must first afford the developer an opportunity to be heard. If the Board takes no formal action within 30 days of such recommendations, or where the developer has not requested formal Planning Board action, its approval will be assumed. Similarly, the Planning Board may grant or deny the developer permission to effect such modification upon his application and the Township Engineer's approval. In either event, where such modification is to be effected, the appropriate plat must be revised by the developer or his engineer to reflect such modification and sufficient copies thereof submitted to the Administrative Officer for distribution.

General inspection requirements. All improvements, except as otherwise provided, shall be subject to inspection and approval by the Township Engineer. No underground installation shall be covered until inspected and approved by the Township Engineer or those agencies having jurisdiction over the particular installation. If such installation is covered prior to inspection, it shall be uncovered or other inspection means used, such as a television or other pipeline camera, as may be deemed necessary by the Township Engineer, and charges for such work will be paid for by the developer.

Inspection not acceptance. Inspection of any work by the Township 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 Township 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.

Payment to contractors. No developer shall enter into any contract requiring the Township Committee, the Township Engineer or any of their agents, employees or other representatives to make any declarations, 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 Township Committee, the Township Engineer nor any of their agents, employees or representatives shall make any such declaration.

Procedure on acceptance of public improvements. When the developer has constructed and installed the streets, drainage facilities, curbs, sidewalks, street signs, monuments and other improvements in accordance with Township regulations, standards and specifications and desires the Township to accept the said improvements, he shall, in writing, addressed to and in a form approved by the Township Committee, with copies thereof to the Township Engineer, request the Township Engineer to make a semifinal 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 waterlines and control valves, gas lines, telephone conduits, monuments, iron property markers and any other utilities 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(s) shall be submitted on reproducible media.

If a municipal agency includes as a condition of approval of an application for development the installation of streetlighting on a dedicated public street connected to a public utility, that upon notification in writing by the developer to the municipal agency and the Township Committee that streetlighting on such dedicated public street has been installed and accepted for service by the public utility, and that certificates of occupancy have been issued for not less than 50% of the dwelling units and not less than 50% of the floor area of any nonresidential uses on such dedicated public street or portion thereof, the municipality shall, within 30 days following receipt of said notice, make appropriate arrangements with the public utility and assume the payment of the cost of the streetlighting on said dedicated public street on a continuing basis. Compliance with the provisions of the section shall not be deemed acceptance of the street by Toms River Township.