Inspection, Testing and Engineering Administration Fees. Prior to signing of any final plat, issuance of a Development Permit or the start of construction of any improvements required by the provisions of this Chapter, the developer shall deposit by cash or certified check with the Borough Clerk an amount equal to, except for extraordinary circumstances, the greater of $500 or 5% of the required improvements. Said amount shall be used to defray the cost of inspection, testing, engineering, administration, and other costs, and fees paid by the Borough in connection with the inspection and acceptance of the installation of the required improvements. All monies received on account of engineering and inspection fees shall be deposited by the Borough Treasurer in an appropriate account. The Borough shall arrange for the Borough Engineer, the appropriate municipal officials or other qualified persons to provide all necessary administrative and engineering services. No portion of any fee shall be returned nor shall any additional fee be imposed if the actual cost of administrative and engineering services shall be less or greater than the monies received.

Inspection Notice. All required improvements except those utility improvements which are not the responsibility of the Borough shall be subject to inspection and approval by the Borough 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 Borough Engineer in all other cases. With respect to landscaping, inspection and approval notification shall be given by the developer to the Shade Tree Inspector pursuant to this section.

Modification of Improvements. Any time, whether as a result of his inspection of work underway or otherwise, the Borough Engineer may recommend that the developer be required to modify the design and extent of the improvements required, notifying the municipal agency of his recommendations. The municipal agency shall, if it considers such modification to be major, or if requested by the developer or Borough 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 agency takes no formal action within 30 days of such recommendations, or where the developer has not requested formal municipal agency action, its approval will be assumed. Similarly, the municipal agency may grant or deny the developer permission to effect such modification upon his application and the Borough 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 Borough Engineer. No underground installation shall be covered until inspection and approved by the Borough 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 Borough Engineer, and charges for such work will be paid for by the developer.

Inspection Not Acceptance. Inspection of any work by the Borough 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 Borough 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 guarantee, shall be the full responsibility of the developer, and no work shall be considered accepted until release of the performance guarantee.

Payments to Contractors. No developer shall enter into any contract requiring the Borough Council, the engineer, or any of their agents, employees or other representatives to make any declaration, 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 Borough Council, Borough 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 Borough regulations, standards and specifications, and desires the Borough to accept the said improvements, he shall, in writing, addressed to and in a form approved by the Borough Council, with copies thereof to the Borough Engineer, request the Borough Engineer to make a semi-final inspection of the said improvements. If the improvements have been construed under a performance guarantee 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 sewerage disposal systems, both public and individual water lines, and control lines, telephone conduits, monuments, iron property markers, and any other utility 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.