The performance guaranty shall be approved by the Borough Solicitor
as to sufficiency and execution. Such performance guaranty shall run
for a period to be fixed by the Planning Board but in no case for
a term of more than three years. However, with the consent of the
owner and the surety, if there is one, the governing body may, by
resolution, extend the term of such performance guaranty for an additional
period not to exceed three years. The amount of the performance guaranty
may be reduced by the governing body by resolution when portions of
the required improvements have been installed. If the required improvements
have not been installed in accordance with the performance guaranty,
the obligor and surety shall be liable thereon to the Borough of Swedesboro
for the reasonable cost of the improvements not installed, and upon
the receipt of the proceeds, the Borough of Swedesboro shall install
such improvements.