[Amended 6-20-1988 by Ord. No. O-15-88; 7-21-1992 by Ord. No. O-27-92; 7-15-1993 by Ord. No. O-18-93; 8-12-1997 by Ord. No. O-40-97; 3-27-2001 by Ord. No. O-3-2001; 9-23-2003 by Ord. No. O-43-2003; 9-24-2018 by Ord. No. O:28-2018]
A. 
For the purposes of this section, the term 'public improvements' shall mean only those improvements required by Board approval or developer's agreement, ordinance or regulation of the Township which are to be dedicated to the Township or any other public entity and that have not yet been installed which are improvements as shown on approved plans or plot plans for streets, pavements, gutters, curbs, sidewalks, street lighting, street trees, surveyors monuments as shown on the final map and required by the Map Filing Law,[1] water mains, sanitary sewers, community septic systems, drainage structures, public improvements for open space, and any grading necessitated by the preceding improvements. If required within an approved phase of a project, the performance guarantees shall also include perimeter buffer landscaping as a condition of Board approval. A developer may post a separate performance guarantee for the privately owned perimeter buffer landscaping.
All remaining required improvements shall not be subject to a performance guarantee but are still subject to inspection by the Township Engineer as set forth hereinafter to ensure installation of said improvements as required on or before an agreed date and as hereinafter provided.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B. 
Before recording of final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65d, the approving Board may require and shall accept in accordance with the standards adopted by this chapter for the purpose of assuring the installation and maintenance of on-tract public improvements:
(1) 
A performance guarantee for only those improvements to be dedicated to the Township, or if applicable for perimeter buffer landscaping, shall be prepared by the Township Engineer for review and approval, setting forth all required improvements as determined by the Board and their estimated cost. No performance guarantee shall be required for the installation of utilities and they will be installed by the applicable utility company. Any adjustment in the amount of the guarantee shall be approved by resolution of the Township Council. At the developer's option a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping.
(2) 
The owner/developer shall have posted with the Township Council, prior to the release of the performance guarantee, a maintenance guarantee in an amount equal to not more than 15% of the cost of installation of the public improvements which are being released. The owner/developer shall also post with the Township Council, upon the inspection and issuance of the final approval of the following private site improvements by the Township Engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures within the basins and the out-flow pipes and structures of the stormwater management system, if any, the cost of the maintenance guarantee to be determined by the Township Engineer in accordance with N.J.S.A. 40:55D-53.4. The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term. The procedures and requirements governing such maintenance guarantee shall be identical with the procedures and requirements for a performance guarantee set forth in this article. The requirements for a maintenance guarantee may be waived by the Township Council only if the Township Engineer has certified that the improvements have been in continuous use for not less than two years from the date the Township Council certified completion of such improvements and that during this time period the owner/developer has maintained the improvements in a satisfactory manner.
(3) 
Safety and stabilization guarantee.
(a) 
The owner/developer shall furnish to Township Council a safety and stabilization guarantee in favor of the Township. The owner/developer may furnish the safety and stabilization guarantee either as a separate guarantee or as a line item of the performance guarantee required by § 175-74B(1). The purpose of the safety and stabilization guarantee is solely to allow the Township to return property that has been disturbed to a safe and stable condition or otherwise implement measures to protect the public from access to an unsafe or unstable conditions, only in the circumstance that:
[1] 
Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure; and
[2] 
Work has not recommenced within 30 days following the provision of written notice by the Township to the developer of the Township's intent to claim payment under the guarantee. The Township shall not provide notice of its intent to claim payment under the safety and stabilization guarantee until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The Township shall provide written notice to the owner/developer by certified mail or other form of delivery providing evidence of receipt.
(b) 
The amount of the safety and stabilization guarantee for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000.
(c) 
The amount of the safety and stabilization guarantee for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows:
[1] 
$5,000 for the first $100,000 of bonded improvement costs; plus
[2] 
2 1/2% of bonded improvement costs in excess of $100,000 up to $1,000,000; plu.
[3] 
1% of bonded improvement costs in excess of $1,000,000.
(d) 
The Township shall release a separate safety and stabilization guarantee to an owner/developer upon the owner/developer's furnishing of a performance guarantee required by § 175-74B(1) which includes a line item for safety and stabilization in the amount required under this section.
(e) 
The Township shall release a safety and stabilization guarantee upon the Township Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.
(4) 
In the event that the owner/developer shall seek a temporary certificate of occupancy for a development, unit, lots, building, or phase of development, as a condition of the issuance thereof, the owner/developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the municipality in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee required pursuant to § 175-74B(1), which relates to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Township Engineer. At no time may the Township hold more than one guarantee or bond of any type with respect to the same item. The temporary certificate of occupancy guarantee shall be released upon the approval by the Township Council and issuance of a permanent certificate of occupancy with regard to the development unit, lot building, or phase as to which the temporary certificate of occupancy relates.
[Amended 7-22-2019 by Ord. No. O:26-2019]
C. 
The time allowed for installation of the bonded improvements for which the performance guaranty has been provided may be extended by the Township Council 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, which cost shall be determined by the Township Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the resolution.
D. 
If the required bonded 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 bonded improvements not completed or corrected, and the Township may, either prior to or after the receipt of the proceeds thereof, complete such bonded improvements. Such completion or correction of bonded improvements shall be subject to the public bidding requirements of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).
E. 
The remaining required private improvements shall be completed in accordance with the applicant's Planning Board approval and Township Code requirements.
F. 
The applicant shall be required, as a condition of final site plan approval, or as a condition to the issuance of a zoning permit, to execute a developers agreement between the Township of Monroe and the developer. The form of the developer's agreement shall be approved by the respective board who has granted the requisite approval or in the alternative by the Township Solicitor.
[Amended 4-24-2019 by Ord. No. O:12-2019]
A. 
Pursuant to N.J.S.A. 40:55D-53, before filing of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit, the applicant shall have filed with the municipality a performance guarantee in favor of the municipality in an amount not to exceed l20% of the cost of installation of certain on-tract improvements to be dedicated to the Township.
B. 
The cost of the installation of public improvements for§ 175-74 shall be estimated by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Township Engineer's estimate to the county construction board of appeals in accordance with N.J.S.A. 40:55D-53.4.
C. 
To assist the Township Engineer in estimating the cost of the installation of public improvements, a construction cost estimate shall be prepared by the design engineer and submitted to the Township Engineer for review, setting forth all requirements for improvements as fixed by the approving board. The Township Engineer shall then set a performance guaranty amount based upon the construction cost estimate. The Township Council shall then pass a resolution either approving or adjusting the performance guaranty.
D. 
The approved performance guarantee estimate shall fix the requirements of maintenance of the utilities and public improvements to be installed and completed by the applicant. A surety company or cash bond meeting the requirements hereinabove set forth may be furnished to secure the maintenance guarantee, or the performance bond may be styled or amended to provide such security in a reduced amount in keeping with the requirements.
[Amended 4-24-2019 by Ord. No. O:12-2019; 7-22-2019 by Ord. No. O:27-2019]
A. 
The applicant shall present two copies of the performance guarantee in an amount equal to the amount of the approved performance guarantee estimate for approval as to form and execution by the Township Attorney.
B. 
The Township Attorney shall notify the Secretary of the Planning Board that the performance guarantee estimate has been accepted by the Township Council.
[Amended 4-24-2019 by Ord. No. O:12-2019]
A. 
The performance guarantee shall be the approved performance guarantee estimate and, as surety, a performance bond in which the applicant shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey, an irrevocable letter of credit in accordance with Subsection C below or such other form of security as may be approved by the Township Attorney or cash or a certified check shall be deposited with the Township of Monroe by payment to the Township Treasurer. The performance guarantee in favor of the Township shall be in an amount not to exceed 120% of the cost of the installation and public improvements. The Township Treasurer shall issue its receipt for such cash deposits and shall cause the same to be deposited in a bank named by the Township for this purpose. Any partial reduction granted in the performance guarantee shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee. The Township may retain cash equal to the amount of the remaining safety and stabilization guarantee to be retained as security for completion of all requirements and to be returned on completion of all required work and expiration of the period of performance guarantee or, in the event of default on the part of the applicant, to be used by the Township of Monroe to pay the cost and expense of obtaining completion of all requirements. Every bond, whether cash or surety, shall contain a clause to the effect that the obligation shall remain in full force and effect until such time as certification is received from the Board Engineer that the principal has met and complied with all specifications and requirements for which said cash or surety bond has been posted.
[Amended 7-22-2019 by Ord. No. O:28-2019]
B. 
10% of the amount of the approved performance guarantee estimates shall be deposited with the Township by the applicant in cash or an irrevocable letter of credit in accordance with Subsection C below or other such security as approved by the Township Attorney that can be readily converted into cash. The remaining 90% may be in cash, surety bond or other securities or guaranties approved by the Township Attorney. In the event of default, the 10% fund herein mentioned shall be first applied to the completion of the requirements, and the cash or the surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash or surety bond may recite the foregoing provisions. The Board Engineer's determination that the principal has defaulted in his obligation shall be binding and conclusive upon the principal. This determination is not intended to deprive the principal of any remedy available pursuant to law.
[Amended 7-22-2019 by Ord. No. O:28-2019]
C. 
The approving authority shall, for the purposes of § 175-74, accept a performance guarantee pursuant to this section or a maintenance guarantee pursuant to § 175-80 which is an irrevocable letter of credit if it:
[Amended 7-22-2019 by Ord. No. O:28-2019]
(1) 
Constitutes an unconditional obligation of the issuer running solely to the Township for an express initial period of time in the amount determined pursuant to § 175-74.
(2) 
Is issued by a banking or savings institution authorized to do and doing business in the State of New Jersey.
(3) 
Is for a period of time of at least one year.
(4) 
Permits the Township to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this section 30 days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit.
D. 
The Township Engineer may also require a performance guarantee to include, within an approved phase or section of a development privately owned perimeter buffer landscaping, as required by this chapter or imposed as a condition of approval.
E. 
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the municipality in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee in accordance with N.J.S.A. 40:55D-53.
F. 
The Township Engineer may also require that the developer furnish to the municipality a "safety and stabilization guarantee" in favor of the municipality in accordance with N.J.S.A. 40:55D-53.
G. 
The Township Engineer may also require that the developer post with the municipality, prior to the release of a performance guarantee required pursuant to N.J.S.A. 40:55D-53(2)(a) a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
H. 
The Township Engineer may also require that the developer post with the municipality, upon the inspection and issuance of final approval of the following private site improvements by the Township Engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
I. 
The cost of the installation of public improvements for § 175-74 shall be estimated by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Township Engineer's estimate to the county construction hoard of appeals in accordance with N.J.S.A. 40:55D-53.4.
A. 
Inspections required.
(1) 
All improvements and utility installations shall be inspected, under the supervision of the Township Engineer during the time of their installation to ensure satisfactory completion. The cost of said inspection shall be the responsibility of the applicant, and he shall post with the Township Treasurer for placement in a special escrow account a sum not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee under § 175-75 and not to exceed 5% of the cost of the remaining improvements that are not subject to the performance guarantee. Should extraordinary circumstances exist and inspection costs exceed such amount, the applicant shall post with the Township Treasurer additional sums upon notice from the Board Engineer provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the municipal engineer, which:
(a) 
Informs the developer of the need for additional inspections;
(b) 
Details the items or undertakings that require inspection;
(c) 
Estimates the time required for those inspections; and
(d) 
Estimates the cost of performing those inspections.
(2) 
The Township Treasurer shall return any balance of the inspection deposit to the applicant upon expiration of the maintenance bond, together with the paid invoices for all expenses charged.
B. 
At least two working days' notice shall be given to the Township Engineer prior to any construction of improvements so that he or a qualified representative may be present at the time the work is to be done. Failure to give proper notice will result in violation of the Township Code and may jeopardize the acceptance by the Township of the improvements.
C. 
The Township Engineer shall be notified before and after each of the following phases of work so that he or a qualified representative may inspect the work prior to proceeding with the next phase. Sampling and testing of materials used or work performed or completed may be deemed necessary by the Township Engineer to assist in his determination of acceptability of such work and improvements. No acceptance of work will be made until all improvements have been installed and presented in proper condition to the Township for acceptance. Note: Gas, electric, telephone, television and other miscellaneous utility installation will be addressed under § 175-81, Certificates of occupancy.
[Amended 7-22-2019 by Ord. No. O:29-2019]
(1) 
Road subgrade.
(2) 
Curb and gutter forms.
(3) 
Curb and gutter.
(4) 
Roadway base material.
(5) 
Roadway surfacing.
(6) 
Sidewalk forms.
(7) 
Sidewalk.
(8) 
Drainage pipes and other drainage structures before backfilling.
(9) 
Street name, warning and stop signs.
(10) 
Miscellaneous improvements.
(11) 
Control monumentation.
(12) 
Landscaping installations.
(13) 
Lighting installations.
(14) 
Basin excavations.
(15) 
Soil erosion and sediment control measures.
D. 
A final inspection of all improvements and utilities will be done by the Board Engineer to determine whether the work is satisfactory and in agreement with the approved final plat drawings and the Township specifications. The general condition of the site shall also be considered. Upon a satisfactory final inspection report, action will be taken to release or declare in default the performance guaranty covering such improvements and utilities.
E. 
Inspection by the Township of the installation of improvements and utilities by the applicant shall not operate to subject the Township to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the applicant and his contractors, if any.
A. 
_____
(1) 
All improvements and utility installations of major nonresidential developments shall be subject to inspection by the Township Engineer during the time of their installation and, upon their completion, to a check for compliance with the approved plan. The cost of said inspection shall be the responsibility of the applicant/owner, and he shall post with the Township Treasurer, for placement in a special escrow account, a sum not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee under § 175-74 and not to exceed 5% of the cost of the remaining improvements that are not subject to the performance guarantee. Should extraordinary circumstances exist and inspection costs exceed amount, the applicant/owner shall post with the Township Treasurer additional sums upon notice from the Board Engineer provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the municipal engineer, which:
(a) 
Informs the developer of the need for additional inspections;
(b) 
Details the items or undertakings that require inspection;
(c) 
Estimates the time required for those inspections; and
(d) 
Estimates the cost of performing those inspections.
(2) 
The Township Treasurer shall return any balance of the inspection deposit to the applicant/owner in accordance with the close out procedure provided by N.J.S.A. 40:55D-53.2d.
B. 
The applicant/owner shall contact the Township Engineer to schedule an inspection of the improvements. At least two working days' notice shall be given to the Township Engineer prior to the requested date of the inspection.
C. 
The Township Engineer, or a qualified representative, will make visits to the site at intervals appropriate to the various stages of construction, and/or as requested, to observe and/or inspect the progress and quality of the improvements and to determine, in general, if the work is proceeding in accordance with the approved plans. The Township Engineer will not make exhaustive or continuous on-site inspections to check the quality or quantity of the improvements. The Township Engineer's efforts will be directed toward the completed improvement's conforming to the approved plan. On the basis of such visits and on-site observations, the Township Engineer will keep the Township officials informed of the progress of work.
D. 
The Township Engineer shall be advised by the applicant/owner during installation and upon completion of the necessary improvements for the development, including stormwater drainage systems, stormwater management basins, parking space area, signage, sidewalks and curbs, landscaping, line striping, handicap ramps, etc. (Note: Sampling and testing of materials used or work performed or completed may be deemed necessary by the Township Engineer to assist in his determination of acceptability of such improvement.)
E. 
Upon completion of all site improvements, the applicant/owner shall request the Township Engineer to make a final inspection of all site improvements to determine whether the improvements are in substantial compliance with the approved plan. The following improvements as shown on the approved plan or plat; streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary sewers, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements may also be considered. Upon a satisfactory final inspection report, the Zoning Official will determine whether a certificate of compliance will be issued. (A certificate of occupancy shall not be issued until a certificate of compliance is issued.)
[Amended 7-22-2019 by Ord. No. O:30-2019]
F. 
Inspection by the Township of the installation of improvements and utilities by the applicant/owner shall not operate to subject the Township to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the applicant/owner and his agents or contractors, if any.
A. 
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of the same to the public system, the obligor may request of Township Council, in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to § 175-74 of this chapter, a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all bonded improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Council and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
B. 
The list prepared by the Township Engineer pursuant to Subsection A above shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete bonded improvement or the nature and extent of and remedy for the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each bonded improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to § 175-74 of this chapter.
C. 
The Township Council, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Township Engineer or reject any or all of these bonded 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 Township Engineer and appended to the performance guaranty pursuant to § 175-74 of this chapter. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Council, the obligor shall be released from all liability pursuant to its performance guaranty with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
(1) 
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Township may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements.
D. 
Failure to act.
(1) 
If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection A of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(2) 
If the Township Council fails to approve or reject the bonded improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guaranty for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guaranty for the approvable complete and satisfactory improvements and approval of a reduction in the performance guaranty for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to § 175-74 of this chapter, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
E. 
In the event that the obligor has made a cash deposit with the Township or approving authority as part of the performance guaranty, then any partial reduction granted in the performance guaranty pursuant to this section shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guaranty, provided that if the owner/developer has furnished the safety and stabilization guarantee, the Township may retain cash equal to the amount of the remaining safety and stabilization guarantee.
F. 
If any portion of the required bonded improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification as set forth in this section shall be followed.
G. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Township Council or the Township Engineer.
H. 
The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements, provided that the Township may require of the developer a post for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee under § 175-75 and not to exceed 5% of the cost of the remaining improvements that are not subject to the performance guarantee., which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4. For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the municipal engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees. For those developments for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the municipal engineer for inspection, the developer shall make additional deposits of 25% of the inspection fees.
I. 
In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38a, the provision of this section shall be applied by stage or section.
The approval of any plat under this chapter by the Planning Board or Township Council, or both, shall in no way be construed as acceptance of any street or drainage system or any other improvement required by this chapter, nor shall such plat approval obligate the Township in any way to maintain or exercise jurisdiction over such street or drainage system or other improvement. No improvement shall be accepted by the Township Council unless and until all of the following conditions have been met:
A. 
The Board Engineer shall have certified, in writing, that the improvements are complete and that they comply with the requirements of this chapter.
B. 
The final plat shall have been approved by the Planning Board.
C. 
Maintenance guaranty.
(1) 
After final acceptance of all improvements, the owner/developer shall have posted with the Township Council, prior to the release of the performance guarantee, a maintenance guarantee in an amount equal to not more than 15% of the cost of installation of the public improvements which are being released. The owner/developer shall also post with the Township Council, upon the inspection and issuance of the final approval of the following private site improvements by the Township Engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures within the basins and the out-flow pipes and structures of the stormwater management system, if any, the cost of the maintenance guarantee to be determined by the Township Engineer in accordance with N.J.S.A. 40:55D-53.4. The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term. The procedures and requirements governing such maintenance guarantee shall be identical with the procedures and requirements for a performance guarantee set forth in this article. The requirements for a maintenance guarantee may be waived by the Township Council only if the Township Engineer has certified that the improvements have been in continuous use for not less than two years from the date the Township Council certified completion of such improvements and that during this time period the owner/developer has maintained the improvements in a satisfactory manner.
D. 
In the event that any other Township or governmental agencies or public utilities automatically will own the utilities to be installed or the public improvements are covered by a performance or maintenance guaranty to another Township or governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Township for such utilities or public improvements.
A. 
Occupancy permits will be issued only when the installation of any curbs, all utilities, all functioning water supply and sewage treatment facilities, all necessary storm drainage to ensure proper drainage of the lot and surrounding land, rough grading of lots, base course for the driveway and base course for the streets are installed to serve the lot and structure for which the permit is requested. Streets, if installed prior to final approval, shall not be paved until all heavy construction is completed; shade trees shall not be planted until all grading and earth moving is completed, and seeding of grass areas shall be the last operation. The issuance of a certificate of occupancy will follow the procedures outlined in this chapter and the Township Uniform Construction Code Ordinance.
B. 
A separate certificate of occupancy shall also be required when any change occurs in the use or occupancy of an existing commercial or industrial structure.