Township of White, NJ Subdivision Site Plan Processing Procedures

If the Planning Board has jurisdiction over the application, the Secretary of the Board shall forward the same to the Subdivision or Site Plan Commission and, in addition, shall send a copy to each of the following for report and recommendation:

(a)

Planning Board Attorney.

(b)

Township Engineer.

(c)

Planning consultant.

(d)

Warren County Soil Conservation District, when review by that agency is required by law.

(e)

Warren County Planning Board.

(f)

Environmental Commission.

(g)

New Jersey Division of Water Policy and Supply.

(h)

Such other federal, state, county and municipal officials and agencies as directed by the Subdivision or Site Plan Committee or the Board as a whole, as the case may be.

However, in the case of a minor subdivision, the Secretary shall not send the application to the Planning Board's planning consultant, Attorney, Engineer or environmental consultant unless the Committee determines that the application warrants professional review.

The Subdivision or Site Plan Committee shall review the application along with reports required from any officials or agencies and shall submit its findings and recommendations to the Planning Board at its next regular meeting.

If the Planning Board concludes upon review of the application that additional information is required to determine the suitability of the tract for the proposed subdivision or site development or the effect that the proposed subdivision or site development will have on the development of any portion of the subject property or adjoining property, or to establish that the proposal is not in conflict with any provision or portion of the Master Plan or this chapter, such additional information will be requested from one or more of the Planning Board advisors (the advisors include specialists in engineering, town planning and law). The applicant is responsible for any consulting costs thus incurred, which will be billed at the rate most currently established by contract between the Planning Board and its advisors. The applicant may state on his application the maximum such expenditure for which said applicant may be billed. No subdivision application may be approved until all amounts due to the Township, i.e., property taxes, consulting costs pertaining to the subdivision application and other lawful fees pertaining to the property, have been paid.

The Planning Board shall grant or deny the application within the times of submission of a complete application prescribed below or within such further time as may be consented to by the applicant.

[Amended 9-5-1986]

Type of Application		Period of Time for Action by Planning Board (days)
Concept plan		45
Minor subdivision or resubdivision		45
Minor site plan		45
Preliminary plat:
	10 lots or less	45
	More than 10 lots	95
Preliminary site plan:
	10 acres of land or less and 10 dwelling units or less	45
	More than 10 acres of land or more than 10 dwelling units	95
Final plat		45
Final site plan		45
Variances and permits pursuant to § 160-13E		120

Failure of the Planning Board to act within the period prescribed shall constitute approval, and a certificate of the Township Clerk as to the failure of the Planning Board to act shall be issued on request of the applicant, provided that the applicant has complied with the requirements of N.J.S.A. 40:55D-10.4. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats. The applicant shall be notified of the Planning Board's action within one week of its action.

[Amended 9-5-1986]

Whenever review or approval of an application by the County Planning Board or Soil Conservation District is required, the Planning Board shall condition any approval it may grant upon timely receipt of a favorable report on the application by such county agencies or approval by such county agencies due to their failure to report thereon within the required time period.

Prior to returning the approved plat or site plan to the applicant, the applicant shall submit sufficient copies to the Secretary of the Planning Board in order to furnish a copy to each of the following:

Township Clerk.

Township Engineer.

Construction Official.

Tax Assessor.

(5)

Planning Board.

(6)

County Planning Board.

§ 160-71 Submission of concept plan.

At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. This step is optional and is recommended by the Planning Board. The concept plan is designed to enable the Planning Board and the applicant to discuss and evaluate principles and potential problems involved before the applicant has gone to the expense of completing detailed engineering drawings as required for further processing of the development application.

The Planning Board shall be authorized to establish reasonable criteria for the subsequent submission of an application for development and, notwithstanding any other provisions of this chapter, waive, for good cause, to the extent felt appropriate on the basis of the concept plan, any site plan or subdivision details required under § 160-63 of this chapter for the processing of the applications for approval of the subsequent site plan or subdivision application for development. The Planning Board shall act within 45 days on the concept plan, classify it and, if satisfactory, grant nonbinding approval, with or without appropriate conditions for subsequent submission of the site plan or subdivision application for development. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review. Approval is intended to enable the applicant to proceed with the submission of the subsequent subdivision or site plan application for development on a reasonable, expeditious and sound basis and shall not be construed as authorization for any construction.

§ 160-72 Minor subdivision plats.

Prior to the subdividing, resubdividing or consolidation of any land within the Township of White, so long as said subdivision constitutes a minor subdivision as defined in Article II of this chapter, a minor subdivision application shall be filed in accordance with § 160-62 above, which application shall include all data and information required in § 160-63.

If classified and approved as a minor subdivision pursuant to the processing procedures of the Planning Board's bylaws and ratified by the Board, the Chairman and Secretary of the Planning Board shall sign said minor subdivision within 30 days of such ratification, and said approval shall be deemed to be final approval. Said minor subdivision, after approval, shall be returned to the subdivider within one week following the signing of said plat by the Chairman and Secretary.

Approval of a minor subdivision shall expire 190 days from the date of municipal approval, unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.) or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer and the Planning Board Secretary. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may accept a plat not in conformity with the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that, if the developer chooses to file the approved minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said law.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in this section.

If the application for a minor subdivision is classified as a major subdivision, the subdivider will be so notified. No further Planning Board action on the application shall be required, and the subdivider shall follow the procedures contained herein for processing of a major subdivision.

§ 160-73 Submission of minor site plan.

[Amended 2-2-1996]

Prior to the issuance of a building permit, zoning permit or certificate of occupancy for any development as provided in § 160-62 of Article IX and classified as a minor site plan as defined in § 160-5 of this chapter, an application for minor site plan shall be filed with the Secretary of the Planning Board which shall contain all the data and information indicated on the checklist addendum for a minor site plan.

If classified and approved as a minor site plan by unanimous action of the Site Plan Committee, a notation to that effect will be made on the minor site plan. The Chairman of the Site Plan Committee shall then forward one copy of the signed minor site plan to the Planning Board for its files. Said approval shall be noted in the minutes of the next regularly scheduled meeting of the Planning Board following receipt of the Site Plan Committee report. The Chairman and Secretary of the Planning Board shall sign said minor site plan if approved by the Site Plan Committee, and said approval shall be deemed to be final approval of the site plan, provided that the Site Plan Committee or the Planning Board may condition such approval on terms ensuring the provision of improvements pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). Said minor site plan, after approval, shall be returned to the applicant within one week following the signing of said site plan by the Chairman and Secretary.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of minor site plan approval.

If the application for a minor site plan is classified as a major site plan by the Site Plan Committee, the applicant shall be so notified. No further Planning Board action on the application shall be required, and the applicant shall follow the procedures contained herein for processing approval of a preliminary and final application of a major site plan.

§ 160-74 Preliminary subdivision plat and preliminary site plan.

Any application for approval of a preliminary plat or preliminary site plan shall be filed in accordance with § 160-62 of this Article IX and shall contain all information as required in § 160-63B or E, as the case may be. The Subdivision or Site Plan Committee shall report to the Planning Board on subdivisions and site plans as appropriate.

If the Committee processing the application finds that said application is in substantial compliance with the provisions of this chapter, it shall so report to the Board, and the Planning Board shall schedule a hearing on the application pursuant to Article VI of this chapter. If the application is found to be not in compliance, it shall so inform the applicant and shall require the filing of an amended application which shall be processed as in the case of the original application.

If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and processed, as in the case of the original application. After the Planning Board is satisfied that the proposed application, together with any conditions as imposed by the Board, meets all of the conditions of this chapter, it shall grant preliminary approval.

Preliminary approval shall, except as provided in Subsection C(4) of this section, confer upon the applicant the following approval:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to § 160-64B, except that nothing herein shall be construed to prevent the Township of White from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to public health and safety.

That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.

That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection C(1), (2) and (3) above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the complexity of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and the complexity of the development, provided that, if the design standards have been revised, such revised standards may govern.

Prior to granting approval to a preliminary plat, the applicant shall furnish the Planning Board with the following certifications:

Certification from the Board of Health or other approving agency approving the method and type of sewage disposal and water supply.

In a development served by public water, hydrants are to be so located and fire flows are to be such that they meet the minimum standards of the Insurance Services Office of New Jersey, and certification to that effect from that agency shall be submitted.

Domestic water supplies for each house shall have a residual pressure in the water main in front of the dwelling of not less than 30 pounds per square inch. Certification to that effect from either the serving utility or the Insurance Services Office of New Jersey shall be submitted.

Where water or sewerage service is to be obtained from a private or public utility system, certification from the appropriate agency that it has consented to such method of service and copies of all agreements or written consent from private utilities undertaking to provide such services.

(5)

Such other certifications as may be necessary and required by the Board to determine the suitability of the subdivision.

§ 160-75 Installation of improvements; guaranties; agreements.

[Amended 9-5-1986]

Installation of subdivision and site plan improvements.

[Amended 7-5-1991]

If an applicant has not installed the improvements required by § 160-64 at the time of filing for final subdivision or final site plan approval, an applicant may elect to post an adequate performance or restoration guaranty, as required by § 160-64, in a form and amount acceptable to the White Township Committee. No final subdivision plats or final site plans will be signed, nor will any zoning permits be issued pursuant to a White Township ordinance, until the performance or restoration guaranty is accepted by the White Township Committee. However, no permanent certificates of occupancy will be issued until all improvements which will ultimately be owned and maintained by the Township are installed to the satisfaction of the White Township Engineer and an adequate and acceptable maintenance guaranty is posted with and accepted by the White Township Committee. Temporary or conditional certificates of occupancy may be issued after all improvements which will ultimately be owned and maintained by the Township are installed to the satisfaction of the White Township Engineer, with the exception of the following nonessential improvements:

[Amended 11-12-2015 by Ord. No. 2015-5]

(a)

Pavement surface course as required in § 160-64A(1).

(b)

Sidewalks as required in § 160-64A(2).

(c)

Monuments as required in § 160-64A(4).

(d)

Street signs as required in § 160-64A(5).

(e)

Shade trees as required in § 160-64A(8).

(f)

Landscaping as required in § 160-64C(8).

Prior to the issuance of a temporary or conditional certificate of occupancy, an adequate and satisfactory performance guaranty must be accepted by the White Township Committee.

Indemnification and hold harmless. If an applicant requests that a temporary or conditional certificate of occupancy be issued, the applicant and prospective owner of the property or unit for which the temporary or conditional certificate of occupancy will be issued must both agree in a form acceptable to the White Township Planning Board and White Township Committee to indemnify and hold harmless White Township, its officials and its professionals for any accident, injury or other occurrence of liability which may occur as a result of the issuance of a conditional or temporary certificate of occupancy prior to the applicant's installation of all required site improvements.

[Amended 7-5-1991]

Off-tract improvements. As a condition of final subdivision or site plan approval, the applicant shall pay its pro rata share of the costs of any off-tract improvements necessitated by its development as determined in accordance with the requirements of § 160-65. Full payment must be made within 30 days of the memorialization of the resolution of final approval. No final subdivision or site plan plats will be signed, nor will conditional or permanent certificates of occupancy be issued, nor will zoning permits be issued until payment is made.

[Amended 7-5-1991]

Performance guaranty. The performance guaranty for the later installation of those improvements referred to in Subsection A shall be fixed by the Planning Board. The furnishing of a performance guaranty in favor of White Township shall be in an amount not to exceed 120% of the costs of installation of improvements the Planning Board deems necessary or appropriate. The applicant shall submit its estimated costs of the installation of improvements to the Township Engineer for his review and acceptance. Performance guaranties shall be either an unconditional letter of credit issued by a financial institution acceptable to White Township; all cash; or a bank certification of deposit or savings passbook assigned to White Township with the consent of the issuing institution. In the event that cash is not posted, 10% of the performance guaranty shall be in the form of cash or a certified check made payable to the "Township of White." All proposed forms of guaranty must be entirely acceptable to the White Township Committee.

[Amended 7-5-1991; 11-12-2015 by Ord. No. 2015-5]

Time of guaranty. The performance guaranty shall run for a term not to exceed 18 months from the date of final approval. With the consent of the principal, the performance guaranty may be extended by the Township Committee upon recommendation by the Planning Board by resolution for an additional period not exceeding 18 months. In the event that an applicant posts a performance guaranty for nonessential improvements as set forth in Subsection A, all nonessential improvements must be completed within six months of the posting of the performance guaranty. Additional time to complete the nonessential improvements shall be granted by the Planning Board only upon the showing of exceptional circumstances.

[Amended 7-5-1991; 11-12-2015 by Ord. No. 2015-5]

Reduction of performance guaranty. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Township Committee by resolution. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of the passage of the resolution.

If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and the Township may, either prior to or after the receipt of the proceeds thereof, complete such improvements. However, in no event shall the Township be required to complete the improvements.

[Amended 7-5-1991]

Upon substantial completion of all required appurtenant utility improvements and the connection of same to the public system, the obligor may notify the Township Committee in writing, by certified mail addressed in care of the Township Clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the Township Engineer. Thereupon, the Township Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Township Committee, indicating either approval, partial approval or rejection of such improvements, with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.

The Township Committee shall either approve, partially approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the Township Committee to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty for such improvements.

If any portion of the required improvements are rejected, the Township Committee may require the obligor to complete such improvements and, upon completion, the same procedure of notification as set forth in this section shall be followed.

Agreement. Prior to any construction and coincident with the furnishing of the performance guaranty by the developer, there shall be drafted an agreement between the developer and the Township of White incorporating all of the terms and conditions of approval imposed by the Planning Board and in accordance with any applicable regulations of White Township.

Inspection fees. The agreement shall also provide for the deposit with the Township of fees for engineering inspection of the construction and installation of all improvements required by the Planning Board and based upon the cost of such improvements, as determined by the Township Engineer, all fees to be in accordance with Article VII of this chapter.

Notification of Township Engineer. At least two weeks prior to the start of construction the applicant shall notify the Township Engineer in writing, with a copy to the Clerk of the Planning Board, of the date when construction and installation of the required improvements will begin so that a preconstruction conference can be held and so that inspections may be conducted from time to time by the Township Engineer, all such procedures to be in accordance with Chapter 223, Road Construction, of the Code of White Township and any other applicable regulations of White Township. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Township for such utilities or improvements. The Township Engineer and the Planning Board shall review the performance guaranty and it shall be reviewed by the Township Attorney as to sufficiency of form and execution and approved by the Township Committee.

Maintenance guaranty.

Upon completion of all improvements and prior to release of the performance guaranty, the applicant shall file a maintenance guaranty bond amounting to 15% of the cost of all improvements for which the applicant was required to submit a performance bond, to guarantee that the completed improvements will be maintained for a stated period not to exceed two years, in accordance with the procedures and requirements of Chapter 223, Road Construction, of the Code of White Township and any other applicable regulations of White Township.

[Amended 11-12-2015 by Ord. No. 2015-5]

The Township Engineer and the Planning Board shall review the maintenance guaranty bond; and it shall be reviewed by the Township Attorney as to sufficiency of form and execution and approved by the Township Committee.

The governing body, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Municipal Engineer or reject any and all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer.

[Amended 3-4-1994]

Upon posting of the appropriate maintenance guaranty bond, the Township shall accept any road or other improvement into the municipal system by ordinance as provided by law.

[Added 3-4-1994]

Restoration guaranty. A restoration guaranty shall be required for any and all improvements that the applicant plans to construct but will not ultimately be owned or maintained by the Township following completion of the development. The restoration guaranty for these improvements, also referred to in Subsection A and § 160-64, shall ensure the restoration of the property in the event that the construction of the improvement is completely stopped or abandoned for longer than six months. The furnishing of a restoration guaranty in favor of White Township shall be in an amount set forth by the sliding scale below:

[Amended 11-12-2015 by Ord. No. 2015-5]

	Estimated Construction Cost of Required Improvements	Required Amount of Restoration Bond
	$10,000 or less	$2,000
	$10,000.01 to $50,000	$5,000
	$50,000.01 to $100,000	$25,000
	$100,000.01 to $500,000	$50,000
	$500,000.01 to $999,999.99	$75,000
	$1,000,000 and above	$100,000

The applicant shall submit its estimated costs of the installation of improvements to the Township Engineer for his review and acceptance. All proposed forms of guaranty must be entirely acceptable to the White Township Committee.

§ 160-76 Final plat and final site plan.

Filing. Application for approval of a final plat or a final site plan shall be filed in accordance with § 160-62 and shall contain all the information prescribed in § 160-63C or F, as the case may be. Said application shall be filed within the period prescribed in § 160-62B and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be.

Following report from the Subdivision or Site Plan Committee, if the Planning Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application following the procedures of Article VI of this chapter.

If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application. The Planning Board shall, if the proposed application complies with this chapter, together with any conditions imposed by the Board, grant final approval.

Effect of final approval.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 160-75C(1), whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in Subsection E. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in Subsection E, the Planning Board may extend such period of protection for extensions of one year but not to exceed three such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 160-75C for the section granted final approval.

In the case of a subdivision or site plan for a residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection D(1) of this section for such period of time longer than two years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the complexity of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the complexity of the development.

Recording of final plat.

Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.

No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to § 160-75. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and the Planning Board may request the county recording officer to expunge the plat from the official records.

Filing and return of prints. After final approval, one translucent tracing and one cloth print shall be filed with the Township Clerk. The original tracing and one cloth print shall be returned to the subdivider.

No construction permit shall be issued until final subdivision approval by the Planning Board of the final plat and said plat has been properly filed with the county recording officer within the time or extended time required by Subsection E. Proof of filing shall be submitted to the Planning Board Secretary prior to issuance of a construction permit.

Construction permits for site plans. A construction permit in connection with a site plan may be issued prior to final approval, but only after the installation of those improvements as the Planning Board, upon advice of the Township Engineer, may find necessary as pertinent to the issuance of such permit. No certificate of occupancy in connection with a site plan shall be issued until final site plan approval by the Planning Board.

Temporary certificate of occupancy.

Upon the written recommendation of the Planning Board, the Construction Official may grant a temporary certificate of occupancy for a specified period of time not exceeding six months if weather or other conditions beyond the control of the applicant prevent compliance with the conditions of site plan approval. The Construction Official shall notify the Township Committee and the Planning Board of the issuance of the temporary certificate of occupancy and the date of expiration. In the event of the issuance of a temporary certificate of occupancy, a performance guaranty consisting of 10% cash and 90% corporate surety bond shall be posted with the Township by the applicant in an amount determined by the Township Engineer to be the fair value of the work remaining incomplete. The bond shall be used by the Township after reasonable notice to the owner to complete all improvements in those cases where the owner fails to comply with the conditions attached to the issuance of the temporary certificate of occupancy and where these conditions are not remedied immediately by the owner at the direction of the Township Engineer.