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Committee accepts Lavana developer performance guarantee amid wastewater-testing concerns
Summary
The committee authorized acceptance of a $396,162.90 performance guarantee tied to a temporary certificate of occupancy for the Lavana project while some members expressed concern that required DEP wastewater testing had not been received by the township.
The Colts Neck Township Committee separately considered and approved resolution 2026-73 to accept a temporary certificate-of-occupancy (TCO) performance guarantee of $396,162.90 from the developer of the Lavana project to secure completion of outstanding site improvements.
Town planner Tim Ann Fuso and the township engineer explained that several minor site items (permanent paving, striping, fencing, bike racks and landscaping) remain to be completed and that the developer posted the guarantee so that the construction official may consider issuing a TCO for certain buildings.
Committeeman Tobia objected to approving the acceptance without first confirming submission of DEP wastewater-treatment testing documentation, saying he had "requested numerous times" for these records and that the plant's automatic operation depends on achieving a minimum flow. "I think this is putting the area in a somewhat precarious situation on a wastewater treatment that was not perfected for residential development," he said, and recorded a "No" vote on the acceptance.
Officials clarified the governing body's role: the resolution authorizes acceptance of funds as a performance guarantee but does not itself issue any TCOs; issuance of a TCO is the construction official's determination after review of inspections and documentation.
The resolution passed on a roll call with mixed votes and at least one recorded opposition tied to testing and inspection concerns. The committee asked staff to follow up with the engineer, construction official and the DEP file to confirm outstanding test reports and to report back to the committee.
